2006 -- H 7089 SUBSTITUTE A

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LC01428/SUB A

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2006

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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: Representatives Ajello, Handy, Anguilla, Jacquard, and Dennigan

     Date Introduced: February 07, 2006

     Referred To: House 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. The benefit shall be paid as follows:

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     (1) if there is no surviving child of such officer, to the surviving spouse or domestic

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partner of such officer;

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     (2) if there is a surviving child or children and a surviving spouse or domestic partner,

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one-half (1/2) to the surviving child or children of such officer in equal shares and one-half (1/2)

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to the surviving spouse or domestic partner;

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     (3) if there is no surviving spouse or domestic partner, to the child or children of said

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officer in equal shares;

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     (4) if there is no surviving spouse, domestic partner, or surviving child, to the individual

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designated by such officer as beneficiary under such officer's most recently executed life

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insurance policy; provided, that such individual survived such officer; or

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     (5) if none of the above, to the parent or parents of such officer in equal shares.

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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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     (b) 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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LC01428/SUB A

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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 the order of payment of the death benefit for officers injured in

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the line of duty and would make a domestic partner eligible to receive the benefit.

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     This act would take effect upon passage.

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LC01428/SUB A

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