2012 -- S 2828

=======

LC02231

=======

STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2012

____________

A N A C T

RELATING TO TOWNS AND CITIES -- ACCIDENTAL DISABILITY ALLOWANCE

     

     

     Introduced By: Senators DaPonte, and Bates

     Date Introduced: March 22, 2012

     Referred To: Senate Finance

It is enacted by the General Assembly as follows:

1-1

     SECTION 1. Section 45-21-22 of the General Laws in Chapter 45-21 entitled

1-2

"Retirement of Municipal Employees" is hereby amended to read as follows:

1-3

     45-21-22. Accidental disability allowance. -- (a) Upon retirement for accidental

1-4

disability submitted on or before June 30, 2012, a member receives a retirement allowance equal

1-5

to sixty-six and two-thirds percent (66 2/3%) of the rate of the member's compensation at the date

1-6

of the member's retirement subject to the provisions of section 45-21-31.

1-7

     (b) Upon any application for accidental disability submitted on or after July 1, 2012, if

1-8

the member has been found to be permanently and totally disabled from service but has not been

1-9

found by the board to be permanently and totally disabled from any employment as a result of

1-10

his/her accidental disability, a member shall receive a retirement allowance equal to fifty percent

1-11

(50%) of the rate of the member's compensation at the date of the member's retirement, subject to

1-12

the provisions of section 45-21-31. The retiree shall, as a condition of continued receipt of a

1-13

disability retirement allowance, on or before a date fixed by the retirement board, annually under

1-14

penalties of perjury provide the board with such affidavits and accurate evidence of earnings,

1-15

employment and gainful activity as the board may require, including, but not limited to, joint

1-16

and/or individual tax returns. Payment of the disability retirement allowance shall continue as

1-17

long as the individual remains disabled, and regardless of service or age.

1-18

     (c) Upon retirement for accidental disability that has been found by the board to be

1-19

permanently and totally disabling from any employment, a member shall receive a retirement

1-20

allowance equal to sixty-six and two-thirds percent (66 2/3%) of the rate of the member's

2-1

compensation at the date of the member's retirement subject to the provisions of section 45-21-31.

2-2

The retirement board shall apply the terms of subsection 28-33-17(b) in determining total

2-3

disability.

2-4

     SECTION 2. This act shall take effect upon passage.

     

=======

LC02231

========

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO TOWNS AND CITIES -- ACCIDENTAL DISABILITY ALLOWANCE

***

3-1

     This act would permit municipalities to provide accidental disability pensions of fifty

3-2

percent (50%) of salary if the employee is not permanently and totally disabled and sixty-six and

3-3

two-thirds percent (66 2/3%) of salary if the employee is permanently and totally disabled.

3-4

     This act would take effect upon passage.

     

=======

LC02231

=======

S2828