2005 -- S 0146 | |
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LC01009 | |
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STATE OF RHODE ISLAND | |
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IN GENERAL ASSEMBLY | |
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JANUARY SESSION, A.D. 2005 | |
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A N A C T | |
RELATING TO TOWNS AND CITIES - RELIEF OF INJURED AND DECEASED | |
FIREFIGHTERS AND POLICE OFFICERS | |
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     Introduced By: Senators Perry, Goodwin, Polisena, Damiani, and C Levesque | |
     Date Introduced: January 27, 2005 | |
     Referred To: Senate Finance | |
It is enacted by the General Assembly as follows: | |
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     SECTION 1. Section 45-19-4.3 of the General Laws in Chapter 45-19 entitled "Relief of |
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Injured and Deceased Fire Fighters and Police Officers" is hereby amended to read as follows: |
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     45-19-4.3. One time death benefit -- Death benefits to family of deceased police |
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officers, correctional officers, and firefighters. -- (a) If an active or retired police officer, |
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capitol police officer, correctional officer, firefighter, crash rescue crew person, fire marshal, or |
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deputy fire marshal of any city, town, or fire district of the state of Rhode Island or state sheriff or |
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state deputy sheriff or a correctional officer or member of a volunteer auxiliary fire force or |
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volunteer crash rescue or ambulance corp is killed or dies from injuries received while in the |
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performance of his or her duties, there shall be paid a killed-in-line-of-duty benefit to be |
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administered by the board of police officer's and firefighter's relief. The benefit shall be in the |
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sum of forty percent (40%) of the federal death benefits for law enforcement officers and |
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firefighters killed in the line of duty. |
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      (b) For the purpose of this section, "family" means the surviving spouse, or domestic |
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partner of the deceased person, if there is no surviving spouse, or domestic partner, the child or |
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children of the deceased person, or if there is no surviving child, the parent or parents of the |
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deceased person, if the parent or parents were at least fifty percent (50%) financially dependent |
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upon the deceased person. |
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     (c) Domestic partners shall certify by affidavit to the board of police officer's and |
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firefighter's relief that the: (1) partners are at least eighteen (18) years of age and mentally |
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competent to contract; (2) partners are not married to anyone; (3) partners are not related by blood |
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to a degree which would prohibit marriage in the state of Rhode Island; (4) partners reside |
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together and have resided together for at least one year; (5) partners are financially interdependent |
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as evidenced by at least two (2) of the following: (i) domestic partnership agreement or |
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relationship contract; (ii) joint mortgage or joint ownership of primary residence; (iii) two (2) of: |
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(A) joint ownership of motor vehicle; (B) joint checking account; (C) joint credit account; (D) |
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joint lease; and/or (iv) the domestic partner has been designated as a beneficiary for the |
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deceased's will, retirement contract or life insurance. |
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     SECTION 2. This act shall take effect upon passage. |
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LC01009 | |
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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 provide that a surviving domestic partner of a deceased police officer, |
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correctional officer or firefighter would be included in the definition of the word “family” for |
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purposes of this section and thus would be entitled to a one-time death benefit, and would further |
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define a domestic partner for purposes of this act. |
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     This act would take effect upon passage. |
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LC01009 | |
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