Chapter 644

2006 -- H 7089 SUBSTITUTE A

Enacted 07/14/06

A N A C T

RELATING TO TOWNS AND CITIES - RELIEF OF INJURED AND DECEASED FIREFIGHTERS AND POLICE OFFICERS

Introduced By: Representatives Ajello, Handy, Anguilla, Jacquard, and Dennigan

Date Introduced: February 07, 2006

It is enacted by the General Assembly as follows:

     SECTION 1. Section 45-19-4.3 of the General Laws in Chapter 45-19 entitled "Relief of

Injured and Deceased Fire Fighters and Police Officers" is hereby amended to read as follows:

45-19-4.3. One time death benefit -- Death benefits to family of deceased police

officers, correctional officers, and firefighters. -- (a) If an active or retired police officer,

capitol police officer, correctional officer, firefighter, crash rescue crew person, fire marshal, or

deputy fire marshal of any city, town, fire district or the state of Rhode Island or state sheriff or

state deputy sheriff or a correctional officer or member of a volunteer auxiliary fire force or

volunteer crash rescue or ambulance corp is killed or dies from injuries received while in the

performance of his or her duties, there shall be paid a killed-in-line-of-duty benefit to be

administered by the board of police officer's and firefighter's relief. The benefit shall be in the

sum of forty percent (40%) of the federal death benefits for law enforcement officers and

firefighters killed in the line of duty. The benefit shall be paid as follows:

(1) if there is no surviving child of such officer, to the surviving spouse or domestic

partner of such officer;

(2) if there is a surviving child or children and a surviving spouse or domestic partner,

one-half (1/2) to the surviving child or children of such officer in equal shares and one-half (1/2)

to the surviving spouse or domestic partner;

(3) if there is no surviving spouse or domestic partner, to the child or children of said

officer in equal shares;

(4) if there is no surviving spouse, domestic partner, or surviving child, to the individual

designated by such officer as beneficiary under such officer's most recently executed life

insurance policy; provided, that such individual survived such officer; or

(5) if none of the above, to the parent or parents of such officer in equal shares.

(b) For the purpose of this section, "family" means the surviving spouse of the deceased

person, if there is no surviving spouse, the child or children of the deceased person, or if there is

no surviving child, the parent or parents of the deceased person, if the parent or parents were at

least fifty percent (50%) financially dependent upon the deceased person.

(b) Domestic partners shall certify by affidavit to the board of police officer's and

firefighter's relief that the: (1) partners are at least eighteen (18) years of age and mentally

competent to contract; (2) partners are not married to anyone; (3) partners are not related by blood

to a degree which would prohibit marriage in the state of Rhode Island; (4) partners reside

together and have resided together for at least one year; (5) partners are financially interdependent

as evidenced by at least two (2) of the following: (i) domestic partnership agreement or

relationship contract; (ii) joint mortgage or joint ownership of primary residence; (iii) two (2) of:

(A) joint ownership of motor vehicle; (B) joint checking account; (C) joint credit account; (D)

joint lease; and/or (iv) the domestic partner has been designated as a beneficiary for the

deceased's will, retirement contract or life insurance.

     SECTION 2. This act shall take effect upon passage.

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LC01428/SUB A

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