| Chapter 392 |
| 2021 -- S 0941 SUBSTITUTE A Enacted 07/16/2021 |
| A N A C T |
| RELATING TO TOWNS AND CITIES -- OPTIONAL RETIREMENT FOR MEMBERS OF POLICE FORCE AND FIRE FIGHTERS |
Introduced By: Senators Ciccone, and F Lombardi |
| Date Introduced: May 28, 2021 |
| It is enacted by the General Assembly as follows: |
| SECTION 1. Section 45-21.2-9 of the General Laws in Chapter 45-21.2 entitled "Optional |
| Retirement for Members of Police Force and Fire Fighters" is hereby amended to read as follows: |
| 45-21.2-9. Retirement for accidental disability. |
| (a) Any member in active service, regardless of length of service, is entitled to an accidental |
| disability retirement allowance. Application for the allowance is made by the member or on the |
| member's behalf, stating that the member is physically or mentally incapacitated for further service |
| as the result of an injury or illness sustained while in the performance of duty and certifying to the |
| time, place, and conditions of the duty performed by the member that resulted in the alleged |
| disability and that the alleged disability was not the result of the willful negligence or misconduct |
| on the part of the member, and was not the result of age or length of service, and that the member |
| has not attained the age of sixty-five (65). The application shall be made within eighteen (18) |
| months of the alleged accident from which the injury has resulted in the member's present disability |
| and shall be accompanied by an accident report and a physician's report certifying to the disability. |
| If the member was able to return to his or her employment and subsequently reinjures or aggravates |
| the same injury or illness, the member shall make another application within eighteen (18) months |
| of the reinjury or aggravation that shall be accompanied by a physician's report certifying to the |
| reinjury or aggravation causing the disability. If a medical examination made by three (3) |
| physicians engaged by the retirement board, and other investigations as the board may make, |
| confirms the statements made by the member, the board may grant the member an accidental |
| disability retirement allowance. |
| (b) For the purposes of subsection (a), "aggravation" shall mean an intervening work- |
| related trauma that independently contributes to a member's original injury or illness that amounts |
| to more than the natural progression of the preexisting disease or condition and is not the result of |
| age or length of service. The intervening independent trauma causing the aggravation must be an |
| identifiable event or series of work-related events that are the proximate cause of the member's |
| present condition of disability. |
| (c) "Occupational cancer," as used in this section, means a cancer arising out of |
| employment as a firefighter, due to injury or illness due to exposures to smoke, fumes, or |
| carcinogenic, poisonous, toxic, or chemical substances while in the performance of active duty in |
| the fire department. |
| (d) For purposes of subsection (a), "reinjury" shall mean a recurrence of the original work- |
| related injury or illness from a specific ascertainable event. The specific event must be the |
| proximate cause of the member's present condition of disability. |
| (e) Any firefighter, including one employed by the state, or a municipal firefighter |
| employed by a municipality that participates in the optional retirement for police officers and |
| firefighters as provided in this chapter, who is unable to perform his or her duties in the fire |
| department by reason of a disabling occupational cancer (as defined in §§ 45-19.1-2 and 45-19.1- |
| 4) that develops or manifests itself during a period while the firefighter is in the service of the |
| department, and any retired member of the fire force of any city or town who develops occupational |
| cancer (as defined in §§ 45-19.1-2 and 45-19.1-4), is entitled to receive an occupational cancer |
| disability and he or she is entitled to all of the benefits provided for in this chapter, chapters 19, |
| 19.1, and 21 of this title and chapter 10 of title 36 if the firefighter is employed by the state. |
| (f) In the event that any party is aggrieved by the determination of the retirement board |
| pursuant to § 45-19-1, for an injury or illness occurring on or after July 1, 2011, the party may |
| submit an appeal to the Rhode Island workers' compensation court. The appellant shall file a notice |
| of appeal with the retirement board and with the workers' compensation court within twenty (20) |
| days of the entry of the retirement board's decision and shall serve a copy of the notice of appeal |
| upon the opposing party. |
| (g) Within twenty (20) days of the receipt of the notice of appeal, the retirement board shall |
| transmit the entire record of proceedings before it, together with its order, to the workers' |
| compensation court. |
| (h) In the event that a party files a notice of appeal to the workers' compensation court, the |
| order of the retirement board shall be stayed pending further action by the court pursuant to the |
| provisions of § 28-35-20. |
| (i) Upon receipt of the notice of appeal, the court shall assign the matter to a judge and |
| shall issue a notice at the time advising the parties of the judge to whom the case has been assigned |
| and the date for pretrial conference in accordance with § 28-35-20. |
| (j) All proceedings filed with the workers' compensation court pursuant to this section shall |
| be de novo and shall be subject to the provisions of chapters 29 -- 38 of title 28 for all case |
| management procedures and dispute resolution processes, as provided under the rules of the |
| workers' compensation court. The workers' compensation court shall enter a pretrial order in |
| accordance with § 28-35-20(c) that grants or denies, in whole or in part, the relief sought by the |
| petitioner. The pretrial order shall be effective upon entry and any payments ordered by it shall be |
| paid within fourteen (14) days of the entry of the order. Provided, however, that in the event that |
| the retirement board files a claim for trial of the pretrial order entered by the court, the order of the |
| court shall be stayed until a final order or decree is entered by the court. If after trial and the entry |
| of a final decree the court sustains the findings and orders entered in the pretrial order, the |
| retirement board shall reimburse the municipality all benefits paid by it from the time the pretrial |
| order was entered until the time the final decree is entered by the court. Where the matter has been |
| heard and decided by the workers' compensation court, the court shall retain jurisdiction to review |
| any prior orders or decrees entered by it. The petitions to review shall be filed directly with the |
| workers' compensation court and shall be subject to the case management and dispute resolution |
| procedures set forth in chapters 29 -- 38 of title 28 ("Labor and Labor Relations"). |
| (k) If the court determines that a member qualifies for accidental disability retirement, the |
| member shall receive a retirement allowance equal to sixty-six and two-thirds percent (66 2/3%) |
| of the rate of the member's compensation at the date of the member's retirement, subject to the |
| provisions of § 45-21-31. |
| SECTION 2. This act shall take effect upon passage. |
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| LC002940/SUB A |
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