2005 -- H 5707

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LC01324

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2005

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A N A C T

RELATING TO TOWNS AND CITIES

     Introduced By: Representatives Ajello, Handy, Almeida, Diaz, and E Coderre

     Date Introduced: February 17, 2005

     Referred To: House Judiciary

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, fire district, or 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 corps 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 of the deceased

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

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

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

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     (c) For the purpose of this section, “domestic partner” means:

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     (1) a person who, prior to the decedent’s death, had entered into a marriage, civil union or

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legally equivalent relationship with the decedent in any jurisdiction, or

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     (2) a person who had shared an exclusive, intimate and committed relationship of mutual

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caring with the decedent, and either:

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     (A) the decedent, prior to his or her death, certified by affidavit to the board of police

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officer’s and firefighter’s relief that he or she and his or her partner:

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     (i) are at least eighteen (18) years of age and mentally competent to contract;

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     (ii) are not married to anyone;

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     (iii) are not related by blood to a degree that would prohibit marriage in the state of

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Rhode Island;

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     (iv) reside together and have resided together for at least one (1) year; and

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     (v) are financially interdependent as evidenced by at least two (2) of the following:

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     (a) domestic partnership agreement or relationship contract;

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     (b) joint mortgage or joint ownership of primary residence;

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     (c) two (2) of: (1) joint ownership of motor vehicle; (2) joint checking account; (3) joint

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credit account; (4) joint lease; and/or

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     (d) the domestic partner had been designated as a beneficiary for the decedent’s will,

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retirement contract or life insurance.

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     SECTION 2. This act shall take effect upon passage.

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LC01324

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO TOWNS AND CITIES

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     This act would add new language to describe domestic partners to be eligible to collect a

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death benefit.

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     This act would take effect upon passage.

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LC01324

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