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5 | 5 | | 2023 -- S 0822 |
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6 | 6 | | ======== |
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7 | 7 | | LC002635 |
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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 FIRE |
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16 | 16 | | FIGHTERS AND POLICE OFFICERS |
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17 | 17 | | Introduced By: Senators Ciccone, Britto, DiPalma, F. Lombardi, Burke, and Tikoian |
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18 | 18 | | Date Introduced: March 23, 2023 |
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19 | 19 | | Referred To: Senate Labor |
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20 | 20 | | |
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21 | 21 | | |
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22 | 22 | | It is enacted by the General Assembly as follows: |
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23 | 23 | | SECTION 1. Section 45-19-4.3 of the General Laws in Chapter 45-19 entitled "Relief of 1 |
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24 | 24 | | Injured and Deceased Fire Fighters and Police Officers" is hereby amended to read as follows: 2 |
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25 | 25 | | 45-19-4.3. One time death benefit — Death benefits to family of deceased police 3 |
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26 | 26 | | officers, correctional officers, and firefighters. 4 |
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27 | 27 | | (a) If an active or retired police officer, capitol police officer, correctional officer, 5 |
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28 | 28 | | firefighter, crash rescue crew person, fire marshal, or deputy fire marshal of any city, town, fire 6 |
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29 | 29 | | district, or the state of Rhode Island or deputy sheriff or a correctional officer or member of a 7 |
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30 | 30 | | volunteer auxiliary fire force or volunteer crash rescue or ambulance corps is killed or dies from 8 |
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31 | 31 | | injuries received while in the performance of his or her duties, there shall be paid a killed-in-line-9 |
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32 | 32 | | of-duty benefit to be administered by the board of police officer’s and firefighter’s relief. The 10 |
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33 | 33 | | benefit shall be in the sum of forty percent (40%) one hundred percent (100%) of the federal death 11 |
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34 | 34 | | benefits for law enforcement officers and firefighters killed in the line of duty. The benefit shall be 12 |
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35 | 35 | | paid as follows: 13 |
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36 | 36 | | (1) If there is no surviving child of such officer, to the surviving spouse or domestic partner 14 |
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37 | 37 | | of such officer; 15 |
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38 | 38 | | (2) If there is a surviving child or children and a surviving spouse or domestic partner, one-16 |
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39 | 39 | | half (½) to the surviving child or children of such officer in equal shares and one-half (½) to the 17 |
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40 | 40 | | surviving spouse or domestic partner; 18 |
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41 | 41 | | |
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42 | 42 | | |
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43 | 43 | | LC002635 - Page 2 of 3 |
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44 | 44 | | (3) If there is no surviving spouse or domestic partner, to the child or children of said officer 1 |
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45 | 45 | | in equal shares; 2 |
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46 | 46 | | (4) If there is no surviving spouse, domestic partner, or surviving child, to the individual 3 |
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47 | 47 | | designated by such officer as beneficiary under such officer’s most recently executed life insurance 4 |
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48 | 48 | | policy; provided, that such individual survived such officer; or 5 |
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49 | 49 | | (5) If none of the above, to the parent or parents of such officer in equal shares. 6 |
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50 | 50 | | (b) Domestic partners shall certify by affidavit to the board of police officer’s and 7 |
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51 | 51 | | firefighter’s relief that the: (1) partners are at least eighteen (18) years of age and mentally 8 |
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52 | 52 | | competent to contract; (2) partners are not married to anyone; (3) partners are not related by blood 9 |
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53 | 53 | | to a degree which would prohibit marriage in the state of Rhode Island; (4) partners reside together 10 |
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54 | 54 | | and have resided together for at least one year; (5) partners are financially interdependent as 11 |
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55 | 55 | | evidenced by at least two (2) of the following: (i) domestic partnership agreement or relationship 12 |
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56 | 56 | | contract; (ii) joint mortgage or joint ownership of primary residence; (iii) two (2) of: (A) joint 13 |
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57 | 57 | | ownership of motor vehicle; (B) joint checking account; (C) joint credit account; (D) joint lease; 14 |
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58 | 58 | | and/or (iv) the domestic partner has been designated as a beneficiary for the deceased’s will, 15 |
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59 | 59 | | retirement contract or life insurance. 16 |
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60 | 60 | | SECTION 2. This act shall take effect upon passage. 17 |
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61 | 61 | | ======== |
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62 | 62 | | LC002635 |
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63 | 63 | | ======== |
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64 | 64 | | |
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65 | 65 | | |
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66 | 66 | | LC002635 - Page 3 of 3 |
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67 | 67 | | EXPLANATION |
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68 | 68 | | BY THE LEGISLATIVE COUNCIL |
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69 | 69 | | OF |
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70 | 70 | | A N A C T |
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71 | 71 | | RELATING TO TOWNS AN D CITIES -- RELIEF OF INJURED AND DECEASED FIRE |
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72 | 72 | | FIGHTERS AND POLICE OFFICERS |
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73 | 73 | | *** |
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74 | 74 | | This act would increase the killed-in-line-of-duty benefit for active or retired police officer, 1 |
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75 | 75 | | capitol police officer, correctional officer, firefighter, crash rescue crew person, fire marshal or 2 |
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76 | 76 | | deputy fire marshal from forty percent (40%) to one hundred percent (100%) of the federal death 3 |
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77 | 77 | | benefit. 4 |
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78 | 78 | | This act would take effect upon passage. 5 |
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79 | 79 | | ======== |
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80 | 80 | | LC002635 |
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