2023 -- S 0822

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LC002635

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2023

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A N   A C T

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

FIGHTERS AND POLICE OFFICERS

     Introduced By: Senators Ciccone, Britto, DiPalma, F. Lombardi, Burke, and Tikoian

     Date Introduced: March 23, 2023

     Referred To: Senate Labor

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 45-19-4.3 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:

     45-19-4.3. One time death benefit — Death benefits to family of deceased police

officers, correctional officers, and firefighters.

     (a) If an active or retired police officer, capitol police officer, correctional officer,

firefighter, crash rescue crew person, fire marshal, or deputy fire marshal of any city, town, fire

district, or the state of Rhode Island or deputy sheriff or a correctional officer or member of a

volunteer auxiliary fire force or volunteer crash rescue or ambulance corps is killed or dies from

injuries received while in the performance of his or her duties, there shall be paid a killed-in-line-

of-duty benefit to be administered by the board of police officer’s and firefighter’s relief. The

benefit shall be in the sum of forty percent (40%) one hundred percent (100%) of the federal death

benefits for law enforcement officers and firefighters killed in the line of duty. The benefit shall be

paid as follows:

     (1) If there is no surviving child of such officer, to the surviving spouse or domestic partner

of such officer;

     (2) If there is a surviving child or children and a surviving spouse or domestic partner, one-

half (½) to the surviving child or children of such officer in equal shares and one-half (½) to the

surviving spouse or domestic partner;

     (3) If there is no surviving spouse or domestic partner, to the child or children of said officer

in equal shares;

     (4) If there is no surviving spouse, domestic partner, or surviving child, to the individual

designated by such officer as beneficiary under such officer’s most recently executed life insurance

policy; provided, that such individual survived such officer; or

     (5) If none of the above, to the parent or parents of such officer in equal shares.

     (b) Domestic partners shall certify by affidavit to the board of police officer’s and

firefighter’s relief that the: (1) partners are at least eighteen (18) years of age and mentally

competent to contract; (2) partners are not married to anyone; (3) partners are not related by blood

to a degree which would prohibit marriage in the state of Rhode Island; (4) partners reside together

and have resided together for at least one year; (5) partners are financially interdependent as

evidenced by at least two (2) of the following: (i) domestic partnership agreement or relationship

contract; (ii) joint mortgage or joint ownership of primary residence; (iii) two (2) of: (A) joint

ownership of motor vehicle; (B) joint checking account; (C) joint credit account; (D) joint lease;

and/or (iv) the domestic partner has been designated as a beneficiary for the deceased’s will,

retirement contract or life insurance.

     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 FIRE

FIGHTERS AND POLICE OFFICERS

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     This act would increase the killed-in-line-of-duty benefit for active or retired police officer,

capitol police officer, correctional officer, firefighter, crash rescue crew person, fire marshal or

deputy fire marshal from forty percent (40%) to one hundred percent (100%) of the federal death

benefit.

     This act would take effect upon passage.

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LC002635

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