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| 4 | 4 | | |
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| 5 | 5 | | 2023 -- H 5373 |
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| 6 | 6 | | ======== |
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| 7 | 7 | | LC000238 |
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| 8 | 8 | | ======== |
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| 9 | 9 | | S TATE OF RHODE IS LAND |
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| 10 | 10 | | IN GENERAL ASSEMBLY |
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| 11 | 11 | | JANUARY SESSION, A.D. 2023 |
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| 12 | 12 | | ____________ |
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| 13 | 13 | | |
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| 14 | 14 | | A N A C T |
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| 15 | 15 | | RELATING TO TOWNS AN D CITIES -- RELIEF OF INJURED AND DECEASED |
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| 16 | 16 | | FIREFIGHTERS AND POLICE OFFICERS |
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| 17 | 17 | | Introduced By: Representatives Casey, Kazarian, O'Brien, Solomon, Hull, Noret, |
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| 18 | 18 | | Messier, Craven, Edwards, and Baginski |
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| 19 | 19 | | Date Introduced: February 03, 2023 |
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| 20 | 20 | | Referred To: House Municipal Government & Housing |
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| 21 | 21 | | |
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| 22 | 22 | | |
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| 23 | 23 | | It is enacted by the General Assembly as follows: |
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| 24 | 24 | | SECTION 1. Section 45-19-1 of the General Laws in Chapter 45-19 entitled "Relief of 1 |
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| 25 | 25 | | Injured and Deceased Fire Fighters and Police Officers" is hereby amended to read as follows: 2 |
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| 26 | 26 | | 45-19-1. Salary payment during line of duty illness or injury. 3 |
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| 27 | 27 | | (a)(1) Whenever any police officer of the Rhode Island airport corporation or whenever 4 |
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| 28 | 28 | | any police officer, firefighter, crash rescue crewperson, fire marshal, chief deputy fire marshal, or 5 |
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| 29 | 29 | | deputy fire marshal of any city, town, fire district, or the state of Rhode Island is wholly or partially 6 |
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| 30 | 30 | | incapacitated by reason of injuries received or sickness contracted in the performance of his or her 7 |
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| 31 | 31 | | duties or due to their rendering of emergency assistance within the physical boundaries of the state 8 |
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| 32 | 32 | | of Rhode Island at any occurrence involving the protection or rescue of human life which 9 |
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| 33 | 33 | | necessitates that they respond in a professional capacity when they would normally be considered 10 |
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| 34 | 34 | | by their employer to be officially off-duty, the respective city, town, fire district, state of Rhode 11 |
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| 35 | 35 | | Island, or Rhode Island airport corporation by which the police officer, firefighter, crash rescue 12 |
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| 36 | 36 | | crewperson, fire marshal, chief deputy fire marshal, or deputy fire marshal, is employed, shall, 13 |
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| 37 | 37 | | during the period of the incapacity, pay the police officer, firefighter, crash rescue crewperson, fire 14 |
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| 38 | 38 | | marshal, chief deputy fire marshal, or deputy fire marshal, the salary or wage and benefits to which 15 |
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| 39 | 39 | | the police officer, firefighter, crash rescue crewperson, fire marshal, chief deputy fire marshal, or 16 |
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| 40 | 40 | | deputy fire marshal, would be entitled had he or she not been incapacitated, and shall pay the 17 |
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| 41 | 41 | | medical, surgical, dental, optical, or other attendance, or treatment, nurses, and hospital services, 18 |
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| 42 | 42 | | |
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| 43 | 43 | | |
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| 44 | 44 | | LC000238 - Page 2 of 9 |
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| 45 | 45 | | medicines, crutches, and apparatus for the necessary period, except that if any city, town, fire 1 |
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| 46 | 46 | | district, the state of Rhode Island, or Rhode Island airport corporation provides the police officer, 2 |
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| 47 | 47 | | firefighter, crash rescue crewperson, fire marshal, chief deputy fire marshal, or deputy fire marshal, 3 |
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| 48 | 48 | | with insurance coverage for the related treatment, services, or equipment, then the city, town, fire 4 |
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| 49 | 49 | | district, the state of Rhode Island, or Rhode Island airport corporation is only obligated to pay the 5 |
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| 50 | 50 | | difference between the maximum amount allowable under the insurance coverage and the actual 6 |
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| 51 | 51 | | cost of the treatment, service, or equipment. In addition, the cities, towns, fire districts, the state of 7 |
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| 52 | 52 | | Rhode Island, or Rhode Island airport corporation shall pay all similar expenses incurred by a 8 |
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| 53 | 53 | | member who has been placed on a disability pension and suffers a recurrence of the injury or illness 9 |
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| 54 | 54 | | that dictated his or her disability retirement, subject to the provisions of subsection (j) herein. 10 |
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| 55 | 55 | | (2) Post-traumatic stress disorder (as described in the Diagnostic and Statistical Manual of 11 |
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| 56 | 56 | | Mental Disorders, current edition, published by the American Psychiatric Association) related to 12 |
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| 57 | 57 | | the exposure of potentially traumatic events, resulting from a police officer or firefighter acting 13 |
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| 58 | 58 | | within the course of their employment or from the rendering of emergency assistance in the state 14 |
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| 59 | 59 | | of Rhode Island, at any occurrence involving the protection or the rescue of human life while off-15 |
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| 60 | 60 | | duty, as set forth in subsection (h) of this section, and diagnosed with a post-traumatic stress injury 16 |
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| 61 | 61 | | by a licensed mental health professional, with a master's degree or higher, shall be deemed to have 17 |
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| 62 | 62 | | sustained an injury in the line of duty, as that term is used in subsection (a)(1) of this section. The 18 |
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| 63 | 63 | | benefits provided for under this section shall not be extended to a police officer or firefighter, if 19 |
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| 64 | 64 | | their post-traumatic stress injury diagnosis, arises out of any disciplinary action, work evaluation, 20 |
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| 65 | 65 | | job transfer, layoff, demotion, termination or similar adverse job actions. 21 |
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| 66 | 66 | | (b) As used in this section, “police officer” means and includes any chief or other member 22 |
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| 67 | 67 | | of the police department of any city or town regularly employed at a fixed salary or wage and any 23 |
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| 68 | 68 | | deputy sheriff, member of the fugitive task force, or capitol police officer, permanent 24 |
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| 69 | 69 | | environmental police officer or criminal investigator of the department of environmental 25 |
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| 70 | 70 | | management, or airport police officer. 26 |
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| 71 | 71 | | (c) As used in this section, “firefighter” means and includes any chief or other member of 27 |
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| 72 | 72 | | the fire department or rescue personnel of any city, town, or fire district, and any person employed 28 |
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| 73 | 73 | | as a member of the fire department of the town of North Smithfield, or fire department or district 29 |
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| 74 | 74 | | in any city or town. 30 |
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| 75 | 75 | | (d) As used in this section, “crash rescue crewperson” means and includes any chief or 31 |
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| 76 | 76 | | other member of the emergency crash rescue section, division of airports, or department of 32 |
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| 77 | 77 | | transportation of the state of Rhode Island regularly employed at a fixed salary or wage. 33 |
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| 78 | 78 | | (e) As used in this section, “fire marshal,” “chief deputy fire marshal,” and “deputy fire 34 |
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| 79 | 79 | | |
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| 80 | 80 | | |
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| 81 | 81 | | LC000238 - Page 3 of 9 |
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| 82 | 82 | | marshal” mean and include the fire marshal, chief deputy fire marshal, and deputy fire marshals 1 |
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| 83 | 83 | | regularly employed by the state of Rhode Island pursuant to the provisions of chapter 28.2 of title 2 |
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| 84 | 84 | | 23. 3 |
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| 85 | 85 | | (f) Any person employed by the state of Rhode Island, except for sworn employees of the 4 |
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| 86 | 86 | | Rhode Island state police, who is otherwise entitled to the benefits of chapter 19 of this title shall 5 |
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| 87 | 87 | | be subject to the provisions of chapters 29 — 38 of title 28 for all case management procedures and 6 |
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| 88 | 88 | | dispute resolution for all benefits. 7 |
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| 89 | 89 | | (g) In order to receive the benefits provided for under this section, a police officer or 8 |
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| 90 | 90 | | firefighter must prove to his or her employer that he or she had reasonable grounds to believe that 9 |
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| 91 | 91 | | there was an emergency that required an immediate need for their assistance for the protection or 10 |
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| 92 | 92 | | rescue of human life. 11 |
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| 93 | 93 | | (h) Any claims to the benefits provided for under this section resulting from the rendering 12 |
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| 94 | 94 | | of emergency assistance in the state of Rhode Island at any occurrence involving the protection or 13 |
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| 95 | 95 | | rescue of human life while off-duty, shall first require those covered by this section to submit a 14 |
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| 96 | 96 | | sworn declaration to their employer attesting to the date, time, place, and nature of the event 15 |
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| 97 | 97 | | involving the protection or rescue of human life causing the professional assistance to be rendered 16 |
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| 98 | 98 | | and the cause and nature of any injuries sustained in the protection or rescue of human life. Sworn 17 |
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| 99 | 99 | | declarations shall also be required from any available witness to the alleged emergency involving 18 |
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| 100 | 100 | | the protection or rescue of human life. 19 |
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| 101 | 101 | | (i) All declarations required under this section shall contain the following language: 20 |
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| 102 | 102 | | “Under penalty of perjury, I declare and affirm that I have examined this declaration, 21 |
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| 103 | 103 | | including any accompanying schedules and statements, and that all statements contained herein are 22 |
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| 104 | 104 | | true and correct.” 23 |
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| 105 | 105 | | (j) Any person, not employed by the state of Rhode Island, receiving injured on-duty 24 |
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| 106 | 106 | | benefits pursuant to this section, and subject to the jurisdiction of the state retirement board for 25 |
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| 107 | 107 | | accidental retirement disability, for an injury occurring on or after July 1, 2011, shall apply for an 26 |
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| 108 | 108 | | accidental disability retirement allowance from the state retirement board not later than the later of 27 |
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| 109 | 109 | | eighteen (18) months after the date of the person’s injury that resulted in the person’s injured-on-28 |
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| 110 | 110 | | duty status or sixty (60) days from the date on which the treating physician certifies that the person 29 |
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| 111 | 111 | | has reached maximum medical improvement. Nothing herein shall be construed to limit or alter 30 |
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| 112 | 112 | | any and all rights of the parties with respect to independent medical examination or otherwise, as 31 |
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| 113 | 113 | | set forth in the applicable collective bargaining agreement. Notwithstanding the forgoing, any 32 |
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| 114 | 114 | | person receiving injured-on-duty benefits as the result of a static and incapacitating injury whose 33 |
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| 115 | 115 | | permanent nature is readily obvious and ascertainable shall be required to apply for an accidental 34 |
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| 116 | 116 | | |
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| 117 | 117 | | |
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| 118 | 118 | | LC000238 - Page 4 of 9 |
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| 119 | 119 | | disability retirement allowance within sixty (60) days from the date on which the treating physician 1 |
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| 120 | 120 | | certifies that the person’s injury is permanent, or sixty (60) days from the date on which the 2 |
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| 121 | 121 | | determination of permanency is made in accordance with the independent medical examination 3 |
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| 122 | 122 | | procedures as set forth in the applicable collective bargaining agreement. 4 |
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| 123 | 123 | | (1) If a person with injured-on-duty status fails to apply for an accidental disability 5 |
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| 124 | 124 | | retirement allowance from the state retirement board within the time frame set forth above, that 6 |
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| 125 | 125 | | person’s injured on duty payment shall terminate. Further, any person suffering a static and 7 |
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| 126 | 126 | | incapacitating injury as set forth in subsection (j) above and who fails to apply for an accidental 8 |
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| 127 | 127 | | disability benefit allowance as set forth in subsection (j) shall have his or her injured-on-duty 9 |
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| 128 | 128 | | payment terminated. 10 |
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| 129 | 129 | | (2) A person who so applies shall continue to receive injured-on-duty payments, and the 11 |
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| 130 | 130 | | right to continue to receive IOD payments of a person who so applies shall terminate in the event 12 |
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| 131 | 131 | | of a final ruling of the workers compensation court allowing accidental disability benefits. Nothing 13 |
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| 132 | 132 | | herein shall be construed to limit or alter any and all rights of the parties with respect to independent 14 |
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| 133 | 133 | | medical examination or otherwise, as set forth in the applicable collective bargaining agreement. 15 |
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| 134 | 134 | | (k) Any person employed by the state of Rhode Island who is currently receiving injured-16 |
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| 135 | 135 | | on-duty benefits or any person employed by the state of Rhode Island who in the future is entitled 17 |
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| 136 | 136 | | to injured-on-duty benefits pursuant to this chapter, and subject to the jurisdiction of the state 18 |
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| 137 | 137 | | retirement board for accidental retirement disability, shall apply for an accidental disability 19 |
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| 138 | 138 | | retirement allowance from the state retirement board not later than sixty (60) days from the date on 20 |
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| 139 | 139 | | which a treating physician or an independent medical examiner certifies that the person has reached 21 |
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| 140 | 140 | | maximum medical improvement, and in any event not later than eighteen (18) months after the date 22 |
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| 141 | 141 | | of the person’s injury that resulted in the person being on injured-on-duty. Nothing herein shall be 23 |
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| 142 | 142 | | construed to limit or alter any and all rights of the parties with respect to independent medical 24 |
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| 143 | 143 | | examination or otherwise, as set forth in the applicable collective bargaining agreement. 25 |
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| 144 | 144 | | Notwithstanding the forgoing, any person receiving injured on duty benefits as the result of a static 26 |
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| 145 | 145 | | and incapacitating injury whose permanent nature is readily obvious and ascertainable shall be 27 |
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| 146 | 146 | | required to apply for an accidental disability retirement allowance within sixty (60) days from the 28 |
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| 147 | 147 | | date on which a treating physician or an independent medical examiner certifies that the person’s 29 |
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| 148 | 148 | | injury is permanent, or sixty (60) days from the date on which such determination of permanency 30 |
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| 149 | 149 | | is made in accordance with the independent medical examination procedures as set forth in the 31 |
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| 150 | 150 | | applicable collective bargaining agreement. 32 |
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| 151 | 151 | | (1) If a person employed by the state of Rhode Island with injured-on-duty status fails to 33 |
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| 152 | 152 | | apply for an accidental disability retirement allowance from the state retirement board within the 34 |
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| 153 | 153 | | |
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| 154 | 154 | | |
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| 155 | 155 | | LC000238 - Page 5 of 9 |
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| 156 | 156 | | time frame set forth in subsection (k) above, that person’s injured-on-duty payment shall terminate. 1 |
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| 157 | 157 | | Further, any person employed by the state of Rhode Island suffering a static and incapacitating 2 |
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| 158 | 158 | | injury as set forth in subsection (k) above and who fails to apply for an accidental disability benefit 3 |
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| 159 | 159 | | allowance as set forth in subsection (k) shall have his or her injured on duty payment terminated. 4 |
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| 160 | 160 | | (2) A person employed by the state of Rhode Island who so applies shall continue to receive 5 |
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| 161 | 161 | | injured on duty payments, and the right to continue to receive injured on-duty payments of a person 6 |
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| 162 | 162 | | who so applies shall terminate upon final adjudication by the state retirement board approving or 7 |
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| 163 | 163 | | denying either ordinary or accidental disability payments and, notwithstanding § 45-31.2-9, this 8 |
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| 164 | 164 | | termination of injured-on-duty benefits shall not be stayed. 9 |
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| 165 | 165 | | (3)(i) Notwithstanding any other provision of law, all persons employed by the state of 10 |
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| 166 | 166 | | Rhode Island entitled to benefits under this section who were injured prior to July 1, 2019, and who 11 |
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| 167 | 167 | | have been receiving injured-on-duty benefits pursuant to this section for a period of eighteen (18) 12 |
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| 168 | 168 | | months or longer as of July 1, 2019, shall have up to ninety (90) days from July 1, 2019, to apply 13 |
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| 169 | 169 | | for an accidental disability retirement benefit allowance. Any person employed by the state of 14 |
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| 170 | 170 | | Rhode Island receiving injured-on-duty benefits for a period less than eighteen (18) months as of 15 |
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| 171 | 171 | | July 1, 2019, shall apply for an accidental disability retirement benefit allowance within eighteen 16 |
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| 172 | 172 | | (18) months of the date of injury that resulted in the person receiving injured-on-duty pay; provided 17 |
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| 173 | 173 | | however, said person shall have a minimum of ninety (90) days to apply. 18 |
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| 174 | 174 | | Applications for disability retirement received by the state retirement board by any person 19 |
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| 175 | 175 | | employed by the State of Rhode Island receiving injured-on-duty payments that shall be deemed 20 |
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| 176 | 176 | | untimely pursuant to § 36-10-14(b) shall have ninety (90) days from July 1, 2019, to apply for an 21 |
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| 177 | 177 | | accidental disability retirement benefit allowance. Failure to apply for an accidental disability 22 |
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| 178 | 178 | | retirement benefit allowance within the timeframe set forth herein shall result in the termination of 23 |
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| 179 | 179 | | injured-on-duty benefits. 24 |
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| 180 | 180 | | (ii) Any person employed by the state of Rhode Island receiving injured-on-duty payments 25 |
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| 181 | 181 | | who has been issued a final adjudication of the state retirement board on an application for an 26 |
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| 182 | 182 | | ordinary or accidental disability benefit, either approving or denying the application, shall have his 27 |
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| 183 | 183 | | or her injured-on-duty payments terminated. 28 |
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| 184 | 184 | | (4) If awarded an accidental disability pension, any person employed by the state of Rhode 29 |
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| 185 | 185 | | Island covered under this section shall receive benefits consistent with § 36-10-15. 30 |
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| 186 | 186 | | SECTION 2. Section 45-21.2-9 of the General Laws in Chapter 45-21.2 entitled "Optional 31 |
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| 187 | 187 | | Retirement for Members of Police Force and Firefighters" is hereby amended to read as follows: 32 |
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| 188 | 188 | | 45-21.2-9. Retirement for accidental disability. 33 |
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| 189 | 189 | | (a) Any member in active service, regardless of length of service, is entitled to an accidental 34 |
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| 190 | 190 | | |
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| 191 | 191 | | |
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| 192 | 192 | | LC000238 - Page 6 of 9 |
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| 193 | 193 | | disability retirement allowance. Application for the allowance is made by the member or on the 1 |
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| 194 | 194 | | member’s behalf, stating that the member is physically or mentally incapacitated for further service 2 |
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| 195 | 195 | | as the result of an injury or illness sustained while in the performance of duty and certifying to the 3 |
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| 196 | 196 | | time, place, and conditions of the duty performed by the member that resulted in the alleged 4 |
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| 197 | 197 | | disability and that the alleged disability was not the result of the willful negligence or misconduct 5 |
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| 198 | 198 | | on the part of the member, and was not the result of age or length of service. The application shall 6 |
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| 199 | 199 | | be made within eighteen (18) months of the alleged accident from which the injury has resulted in 7 |
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| 200 | 200 | | the member’s present disability and shall be accompanied by an accident report and a physician’s 8 |
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| 201 | 201 | | report certifying to the disability. If the member was able to return to his or her employment and 9 |
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| 202 | 202 | | subsequently reinjures or aggravates the same injury or illness, the member shall make another 10 |
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| 203 | 203 | | application within eighteen (18) months of the reinjury or aggravation that shall be accompanied 11 |
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| 204 | 204 | | by a physician’s report certifying to the reinjury or aggravation causing the disability. If a medical 12 |
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| 205 | 205 | | examination made by three (3) physicians engaged by the retirement board, and other investigations 13 |
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| 206 | 206 | | as the board may make, confirms the statements made by the member, the board may grant the 14 |
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| 207 | 207 | | member an accidental disability retirement allowance. 15 |
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| 208 | 208 | | (b) For the purposes of subsection (a), “aggravation” shall mean an intervening work-16 |
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| 209 | 209 | | related trauma that independently contributes to a member’s original injury or illness that amounts 17 |
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| 210 | 210 | | to more than the natural progression of the preexisting disease or condition and is not the result of 18 |
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| 211 | 211 | | age or length of service. The intervening independent trauma causing the aggravation must be an 19 |
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| 212 | 212 | | identifiable event or series of work-related events that are the proximate cause of the member’s 20 |
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| 213 | 213 | | present condition of disability. 21 |
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| 214 | 214 | | (c) “Occupational cancer,” as used in this section, means a cancer arising out of 22 |
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| 215 | 215 | | employment as a firefighter, due to injury or illness due to exposures to smoke, fumes, or 23 |
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| 216 | 216 | | carcinogenic, poisonous, toxic, or chemical substances while in the performance of active duty in 24 |
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| 217 | 217 | | the fire department. 25 |
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| 218 | 218 | | (d) For purposes of subsection (a), “reinjury” shall mean a recurrence of the original work-26 |
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| 219 | 219 | | related injury or illness from a specific ascertainable event. The specific event must be the 27 |
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| 220 | 220 | | proximate cause of the member’s present condition of disability. 28 |
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| 221 | 221 | | (e) Any firefighter, including one employed by the state, or a municipal firefighter 29 |
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| 222 | 222 | | employed by a municipality that participates in the optional retirement for police officers and 30 |
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| 223 | 223 | | firefighters as provided in this chapter, who is unable to perform his or her duties in the fire 31 |
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| 224 | 224 | | department by reason of a disabling occupational cancer (as defined in §§ 45-19.1-2 and 45-19.1-32 |
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| 225 | 225 | | 4) that develops or manifests itself during a period while the firefighter is in the service of the 33 |
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| 226 | 226 | | department, and any retired member of the fire force of any city or town who develops occupational 34 |
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| 227 | 227 | | |
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| 228 | 228 | | |
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| 229 | 229 | | LC000238 - Page 7 of 9 |
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| 230 | 230 | | cancer (as defined in §§ 45-19.1-2 and 45-19.1-4), is entitled to receive an occupational cancer 1 |
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| 231 | 231 | | disability and he or she is entitled to all of the benefits provided for in this chapter, chapters 19, 2 |
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| 232 | 232 | | 19.1, and 21 of this title and chapter 10 of title 36 if the firefighter is employed by the state. 3 |
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| 233 | 233 | | (f) Any police officer or firefighter as defined in §§ 45-19-1(b) and (c) who is unable to 4 |
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| 234 | 234 | | perform his or her duties by reason of post-traumatic stress injury as set forth in § 45-19-1(a)(2) is 5 |
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| 235 | 235 | | entitled to receive an accidental disability retirement allowance and he or she is entitled to all of 6 |
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| 236 | 236 | | the benefits provided for in this chapter, chapters 19, 19.1 and 21 of this title, and chapter 10 of 7 |
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| 237 | 237 | | title 36 if the firefighter is employed by the state. 8 |
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| 238 | 238 | | (f)(g) In the event that any party is aggrieved by the determination of the retirement board 9 |
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| 239 | 239 | | pursuant to § 45-19-1, for an injury or illness occurring on or after July 1, 2011, the party may 10 |
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| 240 | 240 | | submit an appeal to the Rhode Island workers’ compensation court. The appellant shall file a notice 11 |
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| 241 | 241 | | of appeal with the retirement board and with the workers’ compensation court within twenty (20) 12 |
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| 242 | 242 | | days of the entry of the retirement board’s decision and shall serve a copy of the notice of appeal 13 |
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| 243 | 243 | | upon the opposing party. 14 |
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| 244 | 244 | | (g)(h) Within twenty (20) days of the receipt of the notice of appeal, the retirement board 15 |
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| 245 | 245 | | shall transmit the entire record of proceedings before it, together with its order, to the workers’ 16 |
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| 246 | 246 | | compensation court. 17 |
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| 247 | 247 | | (h)(i) In the event that a party files a notice of appeal to the workers’ compensation court, 18 |
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| 248 | 248 | | the order of the retirement board shall be stayed pending further action by the court pursuant to the 19 |
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| 249 | 249 | | provisions of § 28-35-20. 20 |
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| 250 | 250 | | (i)(j) Upon receipt of the notice of appeal, the court shall assign the matter to a judge and 21 |
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| 251 | 251 | | shall issue a notice at the time advising the parties of the judge to whom the case has been assigned 22 |
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| 252 | 252 | | and the date for pretrial conference in accordance with § 28-35-20. 23 |
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| 253 | 253 | | (j)(k) All proceedings filed with the workers’ compensation court pursuant to this section 24 |
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| 254 | 254 | | shall be de novo and shall be subject to the provisions of chapters 29 — 38 of title 28 for all case 25 |
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| 255 | 255 | | management procedures and dispute resolution processes, as provided under the rules of the 26 |
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| 256 | 256 | | workers’ compensation court. The workers’ compensation court shall enter a pretrial order in 27 |
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| 257 | 257 | | accordance with § 28-35-20(c) that grants or denies, in whole or in part, the relief sought by the 28 |
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| 258 | 258 | | petitioner. The pretrial order shall be effective upon entry and any payments ordered by it shall be 29 |
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| 259 | 259 | | paid within fourteen (14) days of the entry of the order. Provided, however, that in the event that 30 |
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| 260 | 260 | | the retirement board files a claim for trial of the pretrial order entered by the court, the order of the 31 |
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| 261 | 261 | | court shall be stayed until a final order or decree is entered by the court. If after trial and the entry 32 |
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| 262 | 262 | | of a final decree the court sustains the findings and orders entered in the pretrial order, the 33 |
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| 263 | 263 | | retirement board shall reimburse the municipality all benefits paid by it from the time the pretrial 34 |
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| 264 | 264 | | |
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| 265 | 265 | | |
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| 266 | 266 | | LC000238 - Page 8 of 9 |
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| 267 | 267 | | order was entered until the time the final decree is entered by the court. Where the matter has been 1 |
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| 268 | 268 | | heard and decided by the workers’ compensation court, the court shall retain jurisdiction to review 2 |
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| 269 | 269 | | any prior orders or decrees entered by it. The petitions to review shall be filed directly with the 3 |
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| 270 | 270 | | workers’ compensation court and shall be subject to the case management and dispute resolution 4 |
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| 271 | 271 | | procedures set forth in chapters 29 — 38 of title 28 (“Labor and Labor Relations”). 5 |
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| 272 | 272 | | (k)(l) If the court determines that a member qualifies for accidental disability retirement, 6 |
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| 273 | 273 | | the member shall receive a retirement allowance equal to sixty-six and two-thirds percent (66 |
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| 274 | 274 | | 2 |
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| 275 | 275 | | /3%) 7 |
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| 276 | 276 | | of the rate of the member’s compensation at the date of the member’s retirement, subject to the 8 |
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| 277 | 277 | | provisions of § 45-21-31. 9 |
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| 278 | 278 | | SECTION 3. This act shall take effect upon passage. 10 |
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| 279 | 279 | | ======== |
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| 280 | 280 | | LC000238 |
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| 281 | 281 | | ======== |
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| 282 | 282 | | |
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| 283 | 283 | | |
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| 284 | 284 | | LC000238 - Page 9 of 9 |
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| 285 | 285 | | EXPLANATION |
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| 286 | 286 | | BY THE LEGISLATIVE COUNCIL |
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| 287 | 287 | | OF |
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| 288 | 288 | | A N A C T |
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| 289 | 289 | | RELATING TO TOWNS AN D CITIES -- RELIEF OF INJURED AND DECEASED |
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| 290 | 290 | | FIREFIGHTERS AND POLICE OFFICERS |
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| 291 | 291 | | *** |
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| 292 | 292 | | This act would extend injured-on-duty (IOD) benefits to police officers and firefighters 1 |
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| 293 | 293 | | that suffer from diagnosed post-traumatic stress injuries, except under certain conditions. This act 2 |
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| 294 | 294 | | would also provide that municipal police officers and firefighters that are unable to perform their 3 |
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| 295 | 295 | | duties by reason of post-traumatic stress injury (PTSI) would be entitled to receive an accidental 4 |
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| 296 | 296 | | disability retirement allowance as well as IOD benefits. 5 |
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| 297 | 297 | | This act would take effect upon passage. 6 |
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| 298 | 298 | | ======== |
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| 299 | 299 | | LC000238 |
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| 300 | 300 | | ======== |
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