2020 -- H 7880

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LC004391

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2020

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A N   A C T

RELATING TO TOWNS AND CITIES -- RELIEF OF INJURED AND DECEASED

FIREFIGHTERS AND POLICE OFFICERS

     Introduced By: Representatives Casey, Canario, Morin, Jacquard, and Noret

     Date Introduced: February 26, 2020

     Referred To: House Labor

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 45-19-1 of the General Laws in Chapter 45-19 entitled "Relief of

Injured and Deceased Fire Fighters and Police Officers" is hereby amended to read as follows:

     45-19-1. Salary payment during line of duty illness or injury.

     (a)(1) Whenever any police officer of the Rhode Island airport corporation or whenever

any police officer, firefighter, crash rescue crewperson, fire marshal, chief deputy fire marshal, or

deputy fire marshal of any city, town, fire district, or the state of Rhode Island is wholly or

partially incapacitated by reason of injuries received or sickness contracted in the performance of

his or her duties or due to their rendering of emergency assistance within the physical boundaries

of the state of Rhode Island at any occurrence involving the protection or rescue of human life

which necessitates that they respond in a professional capacity when they would normally be

considered by their employer to be officially off-duty, the respective city, town, fire district, state

of Rhode Island, or Rhode Island airport corporation by which the police officer, firefighter, crash

rescue crewperson, fire marshal, chief deputy fire marshal, or deputy fire marshal, is employed,

shall, during the period of the incapacity, pay the police officer, firefighter, crash rescue

crewperson, fire marshal, chief deputy fire marshal, or deputy fire marshal, the salary or wage

and benefits to which the police officer, firefighter, crash rescue crewperson, fire marshal, chief

deputy fire marshal, or deputy fire marshal, would be entitled had he or she not been

incapacitated, and shall pay the medical, surgical, dental, optical, or other attendance, or

treatment, nurses, and hospital services, medicines, crutches, and apparatus for the necessary

period, except that if any city, town, fire district, the state of Rhode Island, or Rhode Island

airport corporation provides the police officer, firefighter, crash rescue crewperson, fire marshal,

chief deputy fire marshal, or deputy fire marshal, with insurance coverage for the related

treatment, services, or equipment, then the city, town, fire district, the state of Rhode Island, or

Rhode Island airport corporation is only obligated to pay the difference between the maximum

amount allowable under the insurance coverage and the actual cost of the treatment, service, or

equipment. In addition, the cities, towns, fire districts, the state of Rhode Island, or Rhode Island

airport corporation shall pay all similar expenses incurred by a member who has been placed on a

disability pension and suffers a recurrence of the injury or illness that dictated his or her disability

retirement, subject to the provisions of subsection (j) herein.

     (2) Post-traumatic stress disorder, related to the exposure of potentially traumatic events

resulting from a police officer or firefighter acting within the course of their employment or from

the rendering of emergency assistance in the state of Rhode Island at any occurrence involving

the protection or the rescue of human life while off-duty as set forth in subsection (h) of this

section, as described in the Diagnostic and Statistical Manual of Mental Disorders, Fifth Edition,

published by the American Psychiatric Association and diagnosed with a disorder by a licensed

mental health professional, with a master's degree or higher, shall be deemed to have sustained an

injury in the line of duty, as that term is used in subsection (a)(1) of this section. The benefits

provided for under this section shall not be extended to a police officer or firefighter if their post-

traumatic stress disorder diagnosis, arises out of any disciplinary action, work evaluation, job

transfer, layoff, demotion, termination or similar adverse job actions.

     (b) As used in this section, "police officer" means and includes any chief or other

member of the police department of any city or town regularly employed at a fixed salary or wage

and any deputy sheriff, member of the fugitive task force, or capitol police officer, permanent

environmental police officer or criminal investigator of the department of environmental

management, or airport police officer.

     (c) As used in this section, "firefighter" means and includes any chief or other member of

the fire department or rescue personnel of any city, town, or fire district, and any person

employed as a member of the fire department of the town of North Smithfield, or fire department

or district in any city or town.

     (d) As used in this section, "crash rescue crewperson" means and includes any chief or

other member of the emergency crash rescue section, division of airports, or department of

transportation of the state of Rhode Island regularly employed at a fixed salary or wage.

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     (e) As used in this section, "fire marshal," "chief deputy fire marshal," and "deputy fire

marshal" mean and include the fire marshal, chief deputy fire marshal, and deputy fire marshals

regularly employed by the state of Rhode Island pursuant to the provisions of chapter 28.2 of title

23.

     (f) Any person employed by the state of Rhode Island, except for sworn employees of the

Rhode Island state police, who is otherwise entitled to the benefits of chapter 19 of this title shall

be subject to the provisions of chapters 29 -- 38 of title 28 for all case management procedures

and dispute resolution for all benefits.

     (g) In order to receive the benefits provided for under this section, a police officer or

firefighter must prove to his or her employer that he or she had reasonable grounds to believe that

there was an emergency that required an immediate need for their assistance for the protection or

rescue of human life.

     (h) Any claims to the benefits provided for under this section resulting from the rendering

of emergency assistance in the state of Rhode Island at any occurrence involving the protection or

rescue of human life while off-duty, shall first require those covered by this section to submit a

sworn declaration to their employer attesting to the date, time, place, and nature of the event

involving the protection or rescue of human life causing the professional assistance to be rendered

and the cause and nature of any injuries sustained in the protection or rescue of human life. Sworn

declarations shall also be required from any available witness to the alleged emergency involving

the protection or rescue of human life.

     (i) All declarations required under this section shall contain the following language:

     "Under penalty of perjury, I declare and affirm that I have examined this declaration,

including any accompanying schedules and statements, and that all statements contained herein

are true and correct."

     (j) Any person, not employed by the state of Rhode Island, receiving injured on-duty

benefits pursuant to this section, and subject to the jurisdiction of the state retirement board for

accidental retirement disability, for an injury occurring on or after July 1, 2011, shall apply for an

accidental disability retirement allowance from the state retirement board not later than the later

of eighteen (18) months after the date of the person's injury that resulted in the person's injured-

on-duty status or sixty (60) days from the date on which the treating physician certifies that the

person has reached maximum medical improvement. Nothing herein shall be construed to limit or

alter any and all rights of the parties with respect to independent medical examination or

otherwise, as set forth in the applicable collective bargaining agreement. Notwithstanding the

forgoing, any person receiving injured-on-duty benefits as the result of a static and incapacitating

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injury whose permanent nature is readily obvious and ascertainable shall be required to apply for

an accidental disability retirement allowance within sixty (60) days from the date on which the

treating physician certifies that the person's injury is permanent, or sixty (60) days from the date

on which the determination of permanency is made in accordance with the independent medical

examination procedures as set forth in the applicable collective bargaining agreement.

     (1) If a person with injured-on-duty status fails to apply for an accidental disability

retirement allowance from the state retirement board within the time frame set forth above, that

person's injured on duty payment shall terminate. Further, any person suffering a static and

incapacitating injury as set forth in subsection (j) above and who fails to apply for an accidental

disability benefit allowance as set forth in subsection (j) shall have his or her injured-on-duty

payment terminated.

     (2) A person who so applies shall continue to receive injured-on-duty payments, and the

right to continue to receive IOD payments of a person who so applies shall terminate in the event

of a final ruling of the workers compensation court allowing accidental disability benefits.

Nothing herein shall be construed to limit or alter any and all rights of the parties with respect to

independent medical examination or otherwise, as set forth in the applicable collective bargaining

agreement.

     (k) Any person employed by the state of Rhode Island who is currently receiving injured-

on-duty benefits or any person employed by the state of Rhode Island who in the future is entitled

to injured-on-duty benefits pursuant to this chapter, and subject to the jurisdiction of the state

retirement board for accidental retirement disability, shall apply for an accidental disability

retirement allowance from the state retirement board not later than sixty (60) days from the date

on which a treating physician or an independent medical examiner certifies that the person has

reached maximum medical improvement, and in any event not later than eighteen (18) months

after the date of the person's injury that resulted in the person being on injured-on-duty. Nothing

herein shall be construed to limit or alter any and all rights of the parties with respect to

independent medical examination or otherwise, as set forth in the applicable collective bargaining

agreement. Notwithstanding the forgoing, any person receiving injured on duty benefits as the

result of a static and incapacitating injury whose permanent nature is readily obvious and

ascertainable shall be required to apply for an accidental disability retirement allowance within

sixty (60) days from the date on which a treating physician or an independent medical examiner

certifies that the person's injury is permanent, or sixty (60) days from the date on which such

determination of permanency is made in accordance with the independent medical examination

procedures as set forth in the applicable collective bargaining agreement.

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     (1) If a person employed by the state of Rhode Island with injured-on-duty status fails to

apply for an accidental disability retirement allowance from the state retirement board within the

time frame set forth in subsection (k) above, that person's injured-on-duty payment shall

terminate. Further, any person employed by the state of Rhode Island suffering a static and

incapacitating injury as set forth in subsection (k) above and who fails to apply for an accidental

disability benefit allowance as set forth in subsection (k) shall have his or her injured on duty

payment terminated.

     (2) A person employed by the state of Rhode Island who so applies shall continue to

receive injured on duty payments, and the right to continue to receive injured on-duty payments

of a person who so applies shall terminate upon final adjudication by the state retirement board

approving or denying either ordinary or accidental disability payments and, notwithstanding § 45-

31.2-9, this termination of injured-on-duty benefits shall not be stayed.

     (3)(i) Notwithstanding any other provision of law, all persons employed by the state of

Rhode Island entitled to benefits under this section who were injured prior to July 1, 2019, and

who have been receiving injured-on-duty benefits pursuant to this section for a period of eighteen

(18) months or longer as of July 1, 2019, shall have up to ninety (90) days from July 1, 2019, to

apply for an accidental disability retirement benefit allowance. Any person employed by the state

of Rhode Island receiving injured-on-duty benefits for a period less than eighteen (18) months as

of July 1, 2019, shall apply for an accidental disability retirement benefit allowance within

eighteen (18) months of the date of injury that resulted in the person receiving injured-on-duty

pay; provided however, said person shall have a minimum of ninety (90) days to apply.

     Applications for disability retirement received by the state retirement board by any

person employed by the State of Rhode Island receiving injured-on-duty payments that shall be

deemed untimely pursuant to § 36-10-14(b) shall have ninety (90) days from July 1, 2019, to

apply for an accidental disability retirement benefit allowance. Failure to apply for an accidental

disability retirement benefit allowance within the timeframe set forth herein shall result in the

termination of injured-on-duty benefits.

     (ii) Any person employed by the state of Rhode Island receiving injured-on-duty

payments who has been issued a final adjudication of the state retirement board on an application

for an ordinary or accidental disability benefit, either approving or denying the application, shall

have his or her injured-on-duty payments terminated.

     (4) If awarded an accidental disability pension, any person employed by the state of

Rhode Island covered under this section shall receive benefits consistent with § 36-10-15.

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     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 -- RELIEF OF INJURED AND DECEASED

FIREFIGHTERS AND POLICE OFFICERS

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     This act would extend injured-on-duty benefits to police officers and firefighters that

suffer from diagnosed post-traumatic stress disorder, except under certain conditions.

     This act would take effect upon passage.

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