2017 -- S 0896 SUBSTITUTE A

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2017

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A N   A C T

RELATING TO TOWNS AND CITIES - OPTIONAL RETIREMENT FOR MEMBERS OF

POLICE AND FIREFIGHTERS

     Introduced By: Senators Archambault, Lombardi, Lombardo, Jabour, and Metts

     Date Introduced: May 11, 2017

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 45-21.2-9 of the General Laws in Chapter 45-21.2 entitled

"Optional Retirement for Members of Police Force and Fire Fighters" is hereby amended to read

as follows:

     45-21.2-9. Retirement for accidental disability.

     (a) Any member in active service, regardless of length of service, is entitled to an

accidental disability retirement allowance. Application for the allowance is made by the member

or on the member's behalf, stating that the member is physically or mentally incapacitated for

further service as the result of an injury or illness sustained while in the performance of duty and

certifying to the time, place, and conditions of the duty performed by the member which resulted

in the alleged disability and that the alleged disability was not the result of the willful negligence

or misconduct on the part of the member, and was not the result of age or length of service, and

that the member has not attained the age of sixty-five (65). The application shall be made within

eighteen (18) months of the alleged accident from which the injury has resulted in the member's

present disability and shall be accompanied by an accident report and a physician's report

certifying to the disability. If the member was able to return to his or her employment and

subsequently reinjures or aggravates the same injury or illness, the member shall make another

application within eighteen (18) months of the reinjury or aggravation which shall be

accompanied by a physician's report certifying to the reinjury or aggravation causing the

disability. If a medical examination made by three (3) physicians engaged by the retirement

board, and other investigations as the board may make, confirms the statements made by the

member, the board may grant the member an accidental disability retirement allowance.

     (b) For the purposes of subsection (a), "aggravation" shall mean an intervening work-

related trauma that independently contributes to a member's original injury or illness that amounts

to more than the natural progression of the preexisting disease or condition and is not the result of

age or length of service. The intervening independent trauma causing the aggravation must be an

identifiable event or series of work-related events that are the proximate cause of the member's

present condition of disability.

     (c) "Occupational cancer", as used in this section, means a cancer arising out of

employment as a fire fighter, due to injury or illness due to exposures to smoke, fumes, or

carcinogenic, poisonous, toxic, or chemical substances while in the performance of active duty in

the fire department.

     (d) For purposes of subsection (a), "reinjury" shall mean a recurrence of the original

work-related injury or illness from a specific ascertainable event. The specific event must be the

proximate cause of the member's present condition of disability.

     (e) Any fire fighter, including one employed by the state, or a municipal firefighter

employed by a municipality that participates in the optional retirement for police officers and fire

fighters as provided in this chapter, who is unable to perform his or her duties in the fire

department by reason of a disabling occupational cancer which develops or manifests itself

during a period while the fire fighter is in the service of the department, and any retired member

of the fire force of any city or town who develops occupational cancer, is entitled to receive an

occupational cancer disability and he or she is entitled to all of the benefits provided for in this

chapter, chapters 19, 19.1, and 21 of this title and chapter 10 of title 36 if the fire fighter is

employed by the state.

     (f) In the event that any party is aggrieved by the determination of the retirement board

pursuant to § 45-19-1, for an injury or illness occurring on or after July 1, 2011, the party may

submit an appeal to the Rhode Island workers' compensation court. The appellant shall file a

notice of appeal with the retirement board and with the workers' compensation court within

twenty (20) days of the entry of the retirement board's decision and shall serve a copy of the

notice of appeal upon the opposing party.

     (g) Within twenty (20) days of the receipt of the notice of appeal, the retirement board

shall transmit the entire record of proceedings before it, together with its order, to the workers'

compensation court.

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     (h) In the event that a party files a notice of appeal to the workers' compensation court,

the order of the retirement board shall be stayed pending further action by the court pursuant to

the provisions of Rhode Island general law § 28-35-20.

     (i) Upon receipt of the notice of appeal, the court shall assign the matter to a judge and

shall issue a notice at the time advising the parties of the judge to whom the case has been

assigned and the date for pretrial conference in accordance with Rhode Island general law § 28-

35-20.

     (j) All proceedings filed with the workers' compensation court pursuant to this section

shall be de novo and shall be subject to the provisions of chapters 29 to 38 of Title 28 for all case

management procedures and dispute resolution processes, as provided under the rules of workers'

compensation court. The workers' compensation court shall enter a pretrial order in accordance

with subsection 28-35-20(c) which grants or denies, in whole or in part, the relief sought by the

petitioner. The pretrial order shall be effective upon entry and any payments ordered by it shall be

paid within fourteen (14) days of the entry of the order. Provided, however, that in the event that

the retirement board files a claim for trial of the pretrial order entered by the court, the order of

the court shall be stayed until a final order or decree is entered by the court. If after trial and the

entry of a final decree, the court sustains the findings and orders entered in the pretrial order, the

retirement board shall reimburse the municipality all benefits paid by it from the time the pretrial

order was entered until the time the final decree is entered by the court. Where the matter has

been heard and decided by the workers' compensation court, the court shall retain jurisdiction to

review any prior orders or decrees entered by it. Such petitions to review shall be filed directly

with the workers' compensation court and shall be subject to the case management and dispute

resolution procedures set forth in chapters 29 through 38 of title 28 ("Labor and Labor

Relations").

     (k) If the court determines that a member qualifies for accidental disability retirement, the

member shall receive a retirement allowance equal to sixty-six and two-thirds percent (66 2/3%)

of the rate of the member's compensation at the date of the member's retirement, subject to the

provisions of § 45-21-31.

     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO TOWNS AND CITIES - OPTIONAL RETIREMENT FOR MEMBERS OF

POLICE AND FIREFIGHTERS

***

     This act would add illness sustained while in the performance of duty to the definition of

accidental disability.

     This act would take effect upon passage.

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