Chapter 331

2007 -- H 5215 SUBSTITUTE A

Enacted 07/06/07

A N A C T

RELATING TO TOWNS AND CITIES - POLICE AND FIRE FIGHTERS OPTIONAL RETIREMENT

Introduced By: Representative Donald J. Lally

Date Introduced: January 25, 2007

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

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, 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. The application shall be made within five (5) years of the

alleged accident from the injury which 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 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 purposes of subsection (a), "reinjury" shall mean a recurrence of the original

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

cause of the member's present condition of disability.

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

related trauma that independently contributes to a member's original injury 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.

(b)(d) 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.

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

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

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

department.

     SECTION 2. This act shall take effect upon passage.

=======

LC00792/SUB A

=======