2016 -- H 8302

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LC006122

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2016

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A N   A C T

RELATING TO TOWNS AND CITIES -- RELIEF OF INJURIES AND DECEASED

FIREFIGHTERS AND POLICE

     

     Introduced By: Representatives Jacquard, Mattiello, McNamara, and Morin

     Date Introduced: June 08, 2016

     Referred To: House Finance

     It is enacted by the General Assembly as follows:

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     SECTION 1. Sections 45-19-12 and 45-19-12.1 of the General Laws in Chapter 45-19

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entitled "Relief of Injured and Deceased Fire Fighters and Police Officers" are hereby amended to

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read as follows:

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     45-19-12. Annuities to dependents of deceased fire fighters and appropriations to

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nondependent parents of deceased fire fighters. -- (a) If an active or retired member of the fire

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force of a city or town or fire fighter for the town of North Smithfield is killed or dies from

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injuries received while in the performance of his or her duty as a member or dies of a heart

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condition, respiratory ailments, or any condition derived from hypertension while still a member,

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or dies as a victim of homicide while still a member while not in the performance of his or her

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duty as a member, there shall be paid out of the fire fighter's relief fund of Rhode Island to the

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following dependents of the deceased person, the following sums of money:

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      (1) To the widow or widower or domestic partner an annuity not exceeding three

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thousand six hundred dollars ($3,600) a year, payable in the number of regular installments

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determined by the board and continuing as long as he or she remains unmarried or not in a

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domestic partnership and commencing with the date of death but not more than six (6) months

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prior to the date of filing of the petition by the widow or widower or domestic partner;

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      (2) An additional annuity of one thousand two hundred dollars ($1,200) a year, payable

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in the number of regular installments determined by the board, for each child of the deceased

 

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person during the time that the child is under the age of eighteen (18) years, or over the age and

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physically or mentally incapacitated from earning;

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      (3) If there is no widow or widower or domestic partner and no child, the total sum of ten

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thousand dollars ($10,000), payable in a lump sum for the benefit of the father and/or mother of

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the deceased, if not dependent upon him or her for support at the time of his or her death;

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      (4) If there is any child and no widow or widower or domestic partner or the widow or

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widower or domestic partner dies later, the sum and the annuity that should have been payable to

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the widow or widower or domestic partner had there been one or had he or she lived, to or for the

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benefit of the child or of the children, in equal shares during the previously stated time;

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      (5) If there is any child, and the widow or widower or domestic partner remarries or

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enters into a domestic partnership, in lieu of the previously stated annuity to him or her, an

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annuity not exceeding one thousand two hundred dollars ($1,200) to or for the benefit of each

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child during the time previously stated; and

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      (6) If there is no widow or widower or domestic partner and no child, the sum of three

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thousand six hundred dollars ($3,600) payable in regular installments by the board of fire fighter's

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relief, to or for the benefit of the father or mother of the deceased, if dependent upon him or her

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for support at the time of his or her death, and commencing with the date of death but not more

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than six (6) months prior to the date of filing of the petition and continuing so long as the

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beneficiary is unable to support himself or herself and does not remarry or enter into a domestic

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partnership, an annuity not exceeding three thousand six hundred dollars ($3,600) a year, payable

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in the number of regular installments determined by the board.

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      (b) The amount of the annuity shall, from time to time, be determined within the limits

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previously stated by the board.

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      (c) The provisions of this section shall in the case of any active or retired member of the

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fire force of any city or town or fire fighter for the town of North Smithfield who, from and after

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January 1, 1935, is killed or dies from injuries received while in the performance of his or her

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duty, or dies of a heart condition, respiratory ailments, or any condition derived from

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hypertension. The provisions of this section shall only be construed to apply prospectively.

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      (d) The amount of the annuity shall not be reduced by reason of receipt of any annuity

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and/or other payments to any beneficiary from any other source.

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      (e) Upon the death of a member, the fire chief shall immediately notify the widow or

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widower or domestic partner of the member, in writing, by registered or certified mail, return

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receipt requested, of the widow or widower's or domestic partner's possible eligibility for benefits

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under this chapter and the time restriction for filing a claim for the benefits.

 

LC006122 - Page 2 of 4

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     (f) In the instance of a member who dies as a victim of homicide while still a member

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while not in the performance of his or her duty as a member, each and every benefit of this

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section shall be available to the widow, dependent children and/or family members, as

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aforementioned, commencing from the date of the homicide.

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     45-19-12.1. Tuition to children of deceased or disabled fire fighters. -- (a) If an active

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member of the fire force of a city or town or crash rescue crew persons of the state of Rhode

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Island is killed or dies or becomes totally and permanently disabled from injuries received while

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in the performance of his or her duty as a member, or dies of a performance related heart

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condition, or dies of performance related respiratory ailments, or dies of any conditions derived

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from performance related hypertension or dies as a victim of homicide while still a member while

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not in the performance of his or her duty as a member, there shall be paid, out of the general fund

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of the state of Rhode Island, the charges for the tuition of children of the deceased or totally and

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permanently disabled fire fighters. The benefits shall be extended to the children who are

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attending or may attend the University of Rhode Island, Rhode Island College, or any other

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college or university operated by the state; provided, that the child has entered the institution

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while between the ages of sixteen (16) and twenty-one (21); and provided, further, that the aid

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granted in this section is available to the child for a period of time that equals the normal time for

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completing the courses regularly offered by the institution, but in no case more than four (4)

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years.

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      (b) For the purposes of this section, the words "members of fire force" mean and include

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any member of a fire force or crash rescue crew persons of any city or town regularly employed

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at a fixed salary or wage; this includes auxiliary and volunteer fire fighters and crash rescue crew

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persons of any city, town, or state fire fighting department.

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     (c) In the instance of a member who dies as a victim of homicide while still a member

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while not in the performance of his or her duty as a member, each and every benefit of this

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section shall be available to the children commencing from the date of the homicide.

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     SECTION 2. This act shall be effective as of May 1, 2008.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO TOWNS AND CITIES -- RELIEF OF INJURIES AND DECEASED

FIREFIGHTERS AND POLICE

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     This act would provide that firefighters who die as victims of homicide while still

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members, although not in the performance of active duty, be eligible for the same benefits as

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those killed on duty.

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     This act would be effective as of May 1, 2008.

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