2012 -- S 2875 SUBSTITUTE A

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LC01650/SUB A

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2012

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A N A C T

RELATING TO TOWNS AND CITIES - ACCIDENTAL DISABILITY ALLOWANCE

     

     

     Introduced By: Senators DaPonte, DiPalma, and Bates

     Date Introduced: April 12, 2012

     Referred To: Senate Finance

It is enacted by the General Assembly as follows:

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

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

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     45-21-22. Accidental disability allowance. -- Upon retirement for accidental disability,

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a member receives a retirement allowance equal to sixty-six and two-thirds percent (66 2/3%) of

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the rate of the member's compensation at the date of the member's retirement subject to the

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provisions of section 45-21-31. (a) For disability applications submitted on or before July 1,

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2012, upon retirement for accidental disability under section 45-21-21, a member shall receive a

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benefit which shall be equal to sixty-six and two-thirds percent (66 2/3%) of his or her annual

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compensation at the time of his or her retirement, subject to the provisions of section 45-21-31.

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

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

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

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

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

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

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

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

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

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

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

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force and fire fighters, as defined in section 45-21.2-2, are exempt from this subsection.

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

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

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

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compensation at the date of the member’s retirement subject to the provisions of section 45-21-

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

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disability.

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     SECTION 2. Section 45-21.2-10 of the General Laws in Chapter 45-21.2 entitled

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"Optional Retirement for Members of Police Force and Fire Fighters" is hereby amended to read

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as follows:

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     45-21.2-10. Accidental disability allowance. -- The amount of retirement allowance for

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accidental disability is that as prescribed in section 45-21-22. Upon retirement for accidental

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disability, a member shall receive a retirement allowance equal to sixty-six and two-thirds percent

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(66 2/3%) of the rate of the member’s compensation at the date of the member’s retirement.

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     SECTION 3. This act shall take effect upon passage.

     

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LC01650/SUB A

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO TOWNS AND CITIES - ACCIDENTAL DISABILITY ALLOWANCE

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     This act would change the benefit a member would receive for disability allowance at the

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time of retirement for any application submitted on or after July 1, 2012. This act would pertain

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to disability allowance for municipal employees.

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     This act would take effect upon passage.

     

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LC01650/SUB A

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S2875A