2023 -- H 5373

========

LC000238

========

     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2023

____________

A N   A C T

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

FIREFIGHTERS AND POLICE OFFICERS

     Introduced By: Representatives Casey, Kazarian, O'Brien, Solomon, Hull, Noret,
Messier, Craven, Edwards, and Baginski

     Date Introduced: February 03, 2023

     Referred To: House Municipal Government & Housing

     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 (as described in the Diagnostic and Statistical Manual of

Mental Disorders, current edition, published by the American Psychiatric Association) 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, and diagnosed with a post-traumatic stress injury

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 injury 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.

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

LC000238 - Page 2 of 9

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 injury whose

permanent nature is readily obvious and ascertainable shall be required to apply for an accidental

LC000238 - Page 3 of 9

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.

     (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

LC000238 - Page 4 of 9

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.

     SECTION 2. Section 45-21.2-9 of the General Laws in Chapter 45-21.2 entitled "Optional

Retirement for Members of Police Force and Firefighters" 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

LC000238 - Page 5 of 9

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 that 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. 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 that 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 firefighter, 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 firefighter, including one employed by the state, or a municipal firefighter

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

firefighters 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 (as defined in §§ 45-19.1-2 and 45-19.1-

4) that develops or manifests itself during a period while the firefighter is in the service of the

department, and any retired member of the fire force of any city or town who develops occupational

LC000238 - Page 6 of 9

cancer (as defined in §§ 45-19.1-2 and 45-19.1-4), 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 firefighter is employed by the state.

     (f) Any police officer or firefighter as defined in §§ 45-19-1(b) and (c) who is unable to

perform his or her duties by reason of post-traumatic stress injury as set forth in § 45-19-1(a)(2) is

entitled to receive an accidental disability retirement allowance 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 firefighter is employed by the state.

     (f)(g) 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)(h) 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.

     (h)(i) 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 § 28-35-20.

     (i)(j) 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 § 28-35-20.

     (j)(k) 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 — 38 of title 28 for all case

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

workers’ compensation court. The workers’ compensation court shall enter a pretrial order in

accordance with § 28-35-20(c) that 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

LC000238 - Page 7 of 9

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. The 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 — 38 of title 28 (“Labor and Labor Relations”).

     (k)(l) 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 (662/3%)

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 3. This act shall take effect upon passage.

========

LC000238

========

LC000238 - Page 8 of 9

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

***

     This act would extend injured-on-duty (IOD) benefits to police officers and firefighters

that suffer from diagnosed post-traumatic stress injuries, except under certain conditions. This act

would also provide that municipal police officers and firefighters that are unable to perform their

duties by reason of post-traumatic stress injury (PTSI) would be entitled to receive an accidental

disability retirement allowance as well as IOD benefits.

     This act would take effect upon passage.

========

LC000238

========

LC000238 - Page 9 of 9