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| 4 | 4 | | |
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| 5 | 5 | | 2023 -- S 0272 |
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| 6 | 6 | | ======== |
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| 7 | 7 | | LC001629 |
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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 -- PUBLIC SAFETY EMPLOYEES |
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| 16 | 16 | | Introduced By: Senators Ciccone, de la Cruz, Burke, DiPalma, and Tikoian |
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| 17 | 17 | | Date Introduced: February 16, 2023 |
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| 18 | 18 | | Referred To: Senate Finance |
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| 19 | 19 | | |
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| 20 | 20 | | |
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| 21 | 21 | | It is enacted by the General Assembly as follows: |
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| 22 | 22 | | SECTION 1. Section 45-19-1 of the General Laws in Chapter 45-19 entitled "Relief of 1 |
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| 23 | 23 | | Injured and Deceased Fire Fighters and Police Officers" is hereby amended to read as follows: 2 |
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| 24 | 24 | | 45-19-1. Salary payment during line of duty illness or injury. 3 |
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| 25 | 25 | | (a) Whenever any police officer of the Rhode Island airport corporation or whenever any 4 |
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| 26 | 26 | | police officer, firefighter, crash rescue crewperson, fire marshal, chief deputy fire marshal, or 5 |
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| 27 | 27 | | deputy fire marshal of any city, town, fire district, or the state of Rhode Island is wholly or partially 6 |
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| 28 | 28 | | incapacitated by reason of injuries received or sickness contracted in the performance of his or her 7 |
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| 29 | 29 | | duties or due to their rendering of emergency assistance within the physical boundaries of the state 8 |
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| 30 | 30 | | of Rhode Island at any occurrence involving the protection or rescue of human life which 9 |
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| 31 | 31 | | necessitates that they respond in a professional capacity when they would normally be considered 10 |
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| 32 | 32 | | by their employer to be officially off-duty, the respective city, town, fire district, state of Rhode 11 |
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| 33 | 33 | | Island, or Rhode Island airport corporation by which the police officer, firefighter, crash rescue 12 |
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| 34 | 34 | | crewperson, fire marshal, chief deputy fire marshal, or deputy fire marshal, is employed, shall, 13 |
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| 35 | 35 | | during the period of the incapacity, pay the police officer, firefighter, crash rescue crewperson, fire 14 |
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| 36 | 36 | | marshal, chief deputy fire marshal, or deputy fire marshal, the salary or wage and benefits to which 15 |
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| 37 | 37 | | the police officer, firefighter, crash rescue crewperson, fire marshal, chief deputy fire marshal, or 16 |
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| 38 | 38 | | deputy fire marshal, would be entitled had he or she not been incapacitated, and shall pay the 17 |
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| 39 | 39 | | medical, surgical, dental, optical, or other attendance, or treatment, nurses, and hospital services, 18 |
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| 40 | 40 | | medicines, crutches, and apparatus for the necessary period, except that if any city, town, fire 19 |
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| 41 | 41 | | |
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| 42 | 42 | | |
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| 43 | 43 | | LC001629 - Page 2 of 6 |
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| 44 | 44 | | district, the state of Rhode Island, or Rhode Island airport corporation provides the police officer, 1 |
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| 45 | 45 | | firefighter, crash rescue crewperson, fire marshal, chief deputy fire marshal, or deputy fire marshal, 2 |
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| 46 | 46 | | with insurance coverage for the related treatment, services, or equipment, then the city, town, fire 3 |
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| 47 | 47 | | district, the state of Rhode Island, or Rhode Island airport corporation is only obligated to pay the 4 |
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| 48 | 48 | | difference between the maximum amount allowable under the insurance coverage and the actual 5 |
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| 49 | 49 | | cost of the treatment, service, or equipment. In addition, the cities, towns, fire districts, the state of 6 |
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| 50 | 50 | | Rhode Island, or Rhode Island airport corporation shall pay all similar expenses incurred by a 7 |
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| 51 | 51 | | member who has been placed on a disability pension and suffers a recurrence of the injury or illness 8 |
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| 52 | 52 | | that dictated his or her disability retirement, subject to the provisions of subsection (j) herein. 9 |
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| 53 | 53 | | (b) As used in this section, “police officer” means and includes any chief or other member 10 |
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| 54 | 54 | | of the police department of any city or town regularly employed at a fixed salary or wage and any 11 |
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| 55 | 55 | | deputy sheriff, member of the fugitive task force, or capitol police officer, permanent 12 |
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| 56 | 56 | | environmental police officer or criminal investigator of the department of environmental 13 |
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| 57 | 57 | | management, or airport police officer, or correctional officer at the department of corrections. 14 |
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| 58 | 58 | | (c) As used in this section, “firefighter” means and includes any chief or other member of 15 |
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| 59 | 59 | | the fire department or rescue personnel of any city, town, or fire district, and any person employed 16 |
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| 60 | 60 | | as a member of the fire department of the town of North Smithfield, or fire department or district 17 |
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| 61 | 61 | | in any city or town. 18 |
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| 62 | 62 | | (d) As used in this section, “crash rescue crewperson” means and includes any chief or 19 |
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| 63 | 63 | | other member of the emergency crash rescue section, division of airports, or department of 20 |
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| 64 | 64 | | transportation of the state of Rhode Island regularly employed at a fixed salary or wage. 21 |
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| 65 | 65 | | (e) As used in this section, “fire marshal,” “chief deputy fire marshal,” and “deputy fire 22 |
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| 66 | 66 | | marshal” mean and include the fire marshal, chief deputy fire marshal, and deputy fire marshals 23 |
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| 67 | 67 | | regularly employed by the state of Rhode Island pursuant to the provisions of chapter 28.2 of title 24 |
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| 68 | 68 | | 23. 25 |
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| 69 | 69 | | (f) Any person employed by the state of Rhode Island, except for sworn employees of the 26 |
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| 70 | 70 | | Rhode Island state police, who is otherwise entitled to the benefits of chapter 19 of this title shall 27 |
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| 71 | 71 | | be subject to the provisions of chapters 29 — 38 of title 28 for all case management procedures and 28 |
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| 72 | 72 | | dispute resolution for all benefits. 29 |
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| 73 | 73 | | (g) In order to receive the benefits provided for under this section, a police officer or 30 |
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| 74 | 74 | | firefighter must prove to his or her employer that he or she had reasonable grounds to believe that 31 |
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| 75 | 75 | | there was an emergency that required an immediate need for their assistance for the protection or 32 |
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| 76 | 76 | | rescue of human life. 33 |
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| 77 | 77 | | (h) Any claims to the benefits provided for under this section resulting from the rendering 34 |
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| 78 | 78 | | |
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| 79 | 79 | | |
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| 80 | 80 | | LC001629 - Page 3 of 6 |
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| 81 | 81 | | of emergency assistance in the state of Rhode Island at any occurrence involving the protection or 1 |
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| 82 | 82 | | rescue of human life while off-duty, shall first require those covered by this section to submit a 2 |
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| 83 | 83 | | sworn declaration to their employer attesting to the date, time, place, and nature of the event 3 |
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| 84 | 84 | | involving the protection or rescue of human life causing the professional assistance to be rendered 4 |
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| 85 | 85 | | and the cause and nature of any injuries sustained in the protection or rescue of human life. Sworn 5 |
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| 86 | 86 | | declarations shall also be required from any available witness to the alleged emergency involving 6 |
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| 87 | 87 | | the protection or rescue of human life. 7 |
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| 88 | 88 | | (i) All declarations required under this section shall contain the following language: 8 |
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| 89 | 89 | | “Under penalty of perjury, I declare and affirm that I have examined this declaration, 9 |
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| 90 | 90 | | including any accompanying schedules and statements, and that all statements contained herein are 10 |
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| 91 | 91 | | true and correct.” 11 |
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| 92 | 92 | | (j) Any person, not employed by the state of Rhode Island, receiving injured on-duty 12 |
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| 93 | 93 | | benefits pursuant to this section, and subject to the jurisdiction of the state retirement board for 13 |
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| 94 | 94 | | accidental retirement disability, for an injury occurring on or after July 1, 2011, shall apply for an 14 |
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| 95 | 95 | | accidental disability retirement allowance from the state retirement board not later than the later of 15 |
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| 96 | 96 | | eighteen (18) months after the date of the person’s injury that resulted in the person’s injured-on-16 |
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| 97 | 97 | | duty status or sixty (60) days from the date on which the treating physician certifies that the person 17 |
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| 98 | 98 | | has reached maximum medical improvement. Nothing herein shall be construed to limit or alter 18 |
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| 99 | 99 | | any and all rights of the parties with respect to independent medical examination or otherwise, as 19 |
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| 100 | 100 | | set forth in the applicable collective bargaining agreement. Notwithstanding the forgoing, any 20 |
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| 101 | 101 | | person receiving injured-on-duty benefits as the result of a static and incapacitating injury whose 21 |
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| 102 | 102 | | permanent nature is readily obvious and ascertainable shall be required to apply for an accidental 22 |
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| 103 | 103 | | disability retirement allowance within sixty (60) days from the date on which the treating physician 23 |
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| 104 | 104 | | certifies that the person’s injury is permanent, or sixty (60) days from the date on which the 24 |
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| 105 | 105 | | determination of permanency is made in accordance with the independent medical examination 25 |
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| 106 | 106 | | procedures as set forth in the applicable collective bargaining agreement. 26 |
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| 107 | 107 | | (1) If a person with injured-on-duty status fails to apply for an accidental disability 27 |
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| 108 | 108 | | retirement allowance from the state retirement board within the time frame set forth above, that 28 |
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| 109 | 109 | | person’s injured on duty payment shall terminate. Further, any person suffering a static and 29 |
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| 110 | 110 | | incapacitating injury as set forth in subsection (j) above and who fails to apply for an accidental 30 |
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| 111 | 111 | | disability benefit allowance as set forth in subsection (j) shall have his or her injured-on-duty 31 |
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| 112 | 112 | | payment terminated. 32 |
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| 113 | 113 | | (2) A person who so applies shall continue to receive injured-on-duty payments, and the 33 |
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| 114 | 114 | | right to continue to receive IOD payments of a person who so applies shall terminate in the event 34 |
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| 115 | 115 | | |
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| 116 | 116 | | |
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| 117 | 117 | | LC001629 - Page 4 of 6 |
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| 118 | 118 | | of a final ruling of the workers compensation court allowing accidental disability benefits. Nothing 1 |
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| 119 | 119 | | herein shall be construed to limit or alter any and all rights of the parties with respect to independent 2 |
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| 120 | 120 | | medical examination or otherwise, as set forth in the applicable collective bargaining agreement. 3 |
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| 121 | 121 | | (k) Any person employed by the state of Rhode Island who is currently receiving injured-4 |
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| 122 | 122 | | on-duty benefits or any person employed by the state of Rhode Island who in the future is entitled 5 |
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| 123 | 123 | | to injured-on-duty benefits pursuant to this chapter, and subject to the jurisdiction of the state 6 |
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| 124 | 124 | | retirement board for accidental retirement disability, shall apply for an accidental disability 7 |
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| 125 | 125 | | retirement allowance from the state retirement board not later than sixty (60) days from the date on 8 |
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| 126 | 126 | | which a treating physician or an independent medical examiner certifies that the person has reached 9 |
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| 127 | 127 | | maximum medical improvement, and in any event not later than eighteen (18) months after the date 10 |
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| 128 | 128 | | of the person’s injury that resulted in the person being on injured-on-duty. Nothing herein shall be 11 |
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| 129 | 129 | | construed to limit or alter any and all rights of the parties with respect to independent medical 12 |
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| 130 | 130 | | examination or otherwise, as set forth in the applicable collective bargaining agreement. 13 |
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| 131 | 131 | | Notwithstanding the forgoing, any person receiving injured on duty benefits as the result of a static 14 |
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| 132 | 132 | | and incapacitating injury whose permanent nature is readily obvious and ascertainable shall be 15 |
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| 133 | 133 | | required to apply for an accidental disability retirement allowance within sixty (60) days from the 16 |
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| 134 | 134 | | date on which a treating physician or an independent medical examiner certifies that the person’s 17 |
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| 135 | 135 | | injury is permanent, or sixty (60) days from the date on which such determination of permanency 18 |
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| 136 | 136 | | is made in accordance with the independent medical examination procedures as set forth in the 19 |
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| 137 | 137 | | applicable collective bargaining agreement. 20 |
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| 138 | 138 | | (1) If a person employed by the state of Rhode Island with injured-on-duty status fails to 21 |
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| 139 | 139 | | apply for an accidental disability retirement allowance from the state retirement board within the 22 |
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| 140 | 140 | | time frame set forth in subsection (k) above, that person’s injured-on-duty payment shall terminate. 23 |
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| 141 | 141 | | Further, any person employed by the state of Rhode Island suffering a static and incapacitating 24 |
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| 142 | 142 | | injury as set forth in subsection (k) above and who fails to apply for an accidental disability benefit 25 |
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| 143 | 143 | | allowance as set forth in subsection (k) shall have his or her injured on duty payment terminated. 26 |
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| 144 | 144 | | (2) A person employed by the state of Rhode Island who so applies shall continue to receive 27 |
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| 145 | 145 | | injured on duty payments, and the right to continue to receive injured on-duty payments of a person 28 |
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| 146 | 146 | | who so applies shall terminate upon final adjudication by the state retirement board approving or 29 |
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| 147 | 147 | | denying either ordinary or accidental disability payments and, notwithstanding § 45-31.2-9, this 30 |
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| 148 | 148 | | termination of injured-on-duty benefits shall not be stayed. 31 |
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| 149 | 149 | | (3)(i) Notwithstanding any other provision of law, all persons employed by the state of 32 |
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| 150 | 150 | | Rhode Island entitled to benefits under this section who were injured prior to July 1, 2019, and who 33 |
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| 151 | 151 | | have been receiving injured-on-duty benefits pursuant to this section for a period of eighteen (18) 34 |
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| 152 | 152 | | |
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| 153 | 153 | | |
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| 154 | 154 | | LC001629 - Page 5 of 6 |
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| 155 | 155 | | months or longer as of July 1, 2019, shall have up to ninety (90) days from July 1, 2019, to apply 1 |
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| 156 | 156 | | for an accidental disability retirement benefit allowance. Any person employed by the state of 2 |
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| 157 | 157 | | Rhode Island receiving injured-on-duty benefits for a period less than eighteen (18) months as of 3 |
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| 158 | 158 | | July 1, 2019, shall apply for an accidental disability retirement benefit allowance within eighteen 4 |
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| 159 | 159 | | (18) months of the date of injury that resulted in the person receiving injured-on-duty pay; provided 5 |
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| 160 | 160 | | however, said person shall have a minimum of ninety (90) days to apply. 6 |
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| 161 | 161 | | Applications for disability retirement received by the state retirement board by any person 7 |
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| 162 | 162 | | employed by the State of Rhode Island receiving injured-on-duty payments that shall be deemed 8 |
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| 163 | 163 | | untimely pursuant to § 36-10-14(b) shall have ninety (90) days from July 1, 2019, to apply for an 9 |
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| 164 | 164 | | accidental disability retirement benefit allowance. Failure to apply for an accidental disability 10 |
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| 165 | 165 | | retirement benefit allowance within the timeframe set forth herein shall result in the termination of 11 |
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| 166 | 166 | | injured-on-duty benefits. 12 |
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| 167 | 167 | | (ii) Any person employed by the state of Rhode Island receiving injured-on-duty payments 13 |
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| 168 | 168 | | who has been issued a final adjudication of the state retirement board on an application for an 14 |
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| 169 | 169 | | ordinary or accidental disability benefit, either approving or denying the application, shall have his 15 |
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| 170 | 170 | | or her injured-on-duty payments terminated. 16 |
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| 171 | 171 | | (4) If awarded an accidental disability pension, any person employed by the state of Rhode 17 |
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| 172 | 172 | | Island covered under this section shall receive benefits consistent with § 36-10-15. 18 |
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| 173 | 173 | | SECTION 2. This act shall take effect upon passage. 19 |
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| 174 | 174 | | ======== |
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| 175 | 175 | | LC001629 |
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| 176 | 176 | | ======== |
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| 177 | 177 | | |
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| 178 | 178 | | |
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| 179 | 179 | | LC001629 - Page 6 of 6 |
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| 180 | 180 | | EXPLANATION |
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| 181 | 181 | | BY THE LEGISLATIVE COUNCIL |
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| 182 | 182 | | OF |
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| 183 | 183 | | A N A C T |
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| 184 | 184 | | RELATING TO TOWNS AN D CITIES -- PUBLIC SAFETY EMPLOY EES |
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| 185 | 185 | | *** |
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| 186 | 186 | | This act would add department of corrections' correctional officers to the list of public 1 |
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| 187 | 187 | | safety employees that are entitled to their full salary if they are injured and become disabled as a 2 |
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| 188 | 188 | | result of performance of their job duties. 3 |
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| 189 | 189 | | This act would take effect upon passage. 4 |
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| 190 | 190 | | ======== |
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| 191 | 191 | | LC001629 |
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| 192 | 192 | | ======== |
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| 193 | 193 | | |
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