Chapter
645
2006 -- S 2229 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: Senators
Perry, Goodwin, McCaffrey, Damiani, and Polisena
Date Introduced: January
31, 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.
=======
LC01174/SUB A
=======