Chapter 329

2007 -- H 5169

Enacted 07/07/07

A N A C T

RELATING TO RELIEF OF INJURED AND DECEASED FIRE FIGHTERS AND POLICE OFFICERS

Introduced By: Representatives Malik, Corvese, Schadone, McNamara, and Carter

Date Introduced: January 24, 2007

It is enacted by the General Assembly as follows:

     SECTION 1. Section 45-19-1 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:

45-19-1. Salary payment during line of duty illness or injury. -- (a) Whenever any

police officer, fire fighter, crash rescue crewperson, fire marshal, chief deputy fire marshal, or

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

partially incapacitated by reason of injuries received or sickness contracted in the performance of

his or her duties, the respective city, town, or fire district, or state of Rhode Island by which the

police officer, fire fighter, crash rescue crewperson, fire marshal, chief deputy fire marshal, or

deputy fire marshal, is employed, shall, during the period of the incapacity, pay the police officer,

fire fighter, crash rescue crewperson, fire marshal, chief deputy fire marshal, or deputy fire

marshal, the salary or wage and benefits to which the police officer, fire fighter, crash rescue

crewperson, fire marshal, chief deputy fire marshal, or deputy fire marshal, would be entitled had

he or she not been incapacitated, and shall pay the medical, surgical, dental, optical, or other

attendance, or treatment, nurses, and hospital services, medicines, crutches, and apparatus for the

necessary period, except that if any city, town, fire district, or the state of Rhode Island provides

the police officer, fire fighter, crash rescue crewperson, fire marshal, chief deputy fire marshal, or

deputy fire marshal, with insurance coverage for the related treatment, services, or equipment,

then the city, town, fire district, or the state of Rhode Island is only obligated to pay the

difference between the maximum amount allowable under the insurance coverage and the actual

cost of the treatment, service, or equipment. In addition, the cities, towns, fire districts, or the

state of Rhode Island shall pay all similar expenses incurred by a member who has been placed

on a disability pension and suffers a recurrence of the injury or illness that dictated his or her

disability retirement.

      (b) As used in this section, "police officer" means and includes any chief or other

member of the police department of any city or town regularly employed at a fixed salary or wage

and any executive high sheriff, sheriff, deputy sheriff, member of the fugitive task force, or

capitol police officer., or permanent environmental police officer or criminal investigator of the

department of environmental management.

      (c) As used in this section, "fire fighter" means and includes any chief or other member

of the fire department or rescue personnel of any city, town, or fire district, and any person

employed as a member of the fire department of the town of North Smithfield, or fire department

or district in any city or town.

      (d) As used in this section, "crash rescue crewperson" means and includes any chief or

other member of the emergency crash rescue section, division of airports, or department of

transportation of the state of Rhode Island regularly employed at a fixed salary or wage.

      (e) As used in this section, "fire marshal," "chief deputy fire marshal", and "deputy fire

marshal" mean and include the fire marshal, chief deputy fire marshal, and deputy fire marshals

regularly employed by the state of Rhode Island pursuant to the provisions of chapter 28.2 of title

23.

      (f) Any person employed by the state of Rhode Island, except for sworn employees of

the Rhode Island State Police, who is otherwise entitled to the benefits of chapter 19 of this title

shall be subject to the provisions of chapters 29 -- 38 of title 28 for all case management

procedures and dispute resolution for all benefits.

     SECTION 2. This act shall take effect upon passage.

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LC00406

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