2004 -- S 2370

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LC01788

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2004

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A N A C T

RELATING TO TOWNS AND CITIES - RELIEF OF INJURED AND DECEASED

FIREFIGHTERS AND POLICE OFFICERS

     Introduced By: Senators Perry, Roberts, Connors, Ciccone, and Gallo

     Date Introduced: February 11, 2004

     Referred To: Senate Finance

It is enacted by the General Assembly as follows:

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

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

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

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

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

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

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

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

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

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

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

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firefighters killed in the line of duty.

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

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

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

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deceased person, if the parent or parents were at least fifty percent (50%) financially dependent

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upon the deceased person.

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

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

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

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

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

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

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

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

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

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deceased's will, retirement contract or life insurance.

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     SECTION 2. This act shall take effect upon passage.

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LC01788

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO TOWNS AND CITIES - RELIEF OF INJURED AND DECEASED

FIREFIGHTERS AND POLICE OFFICERS

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     This act would provide that a surviving domestic partner of a deceased police officer,

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correctional officer or firefighter would be included in the definition of the word “family” for

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purposes of this section and thus would be entitled to a one-time death benefit, and would further

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define a domestic partner for purposes of this act.

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     This act would take effect upon passage.

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LC01788

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