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 2012 -- H 7669  | |
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 LC01542  | |
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 STATE OF RHODE ISLAND  | |
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 IN GENERAL ASSEMBLY  | |
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 JANUARY SESSION, A.D. 2012  | |
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 ____________  | |
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 A N A C T  | |
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 RELATING TO TOWNS AND CITIES - ACCIDENTAL DISABILITY ALLOWANCE  | |
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      Introduced By: Representatives Brien, Petrarca, and Edwards  | |
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      Date Introduced: February 16, 2012  | |
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      Referred To: House Municipal Government  | |
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 It is enacted by the General Assembly as follows:  | |
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      SECTION 1. Section 45-21-22 of the General Laws in Chapter 45-21 entitled  | 
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 "Retirement of Municipal Employees" is hereby amended to read as follows:  | 
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      45-21-22. Accidental disability allowance. --   | 
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 2012, upon retirement for accidental disability under section 45-21-21, a member shall receive a  | 
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 benefit which shall be equal to sixty-six and two-thirds percent (66 2/3%) of his or her annual  | 
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 compensation at the time of his or her retirement, subject to the provisions of section 45-21-31.  | 
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      (b) Upon any application for accidental disability submitted on or after July 1, 2012, if  | 
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 the member has been found to be permanently and totally disabled from service but has not been  | 
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 found by the board to be permanently and totally disabled from any employment as a result of his  | 
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 or her accidental disability, a member shall receive a retirement allowance equal to fifty percent  | 
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 (50%) of the rate of the member’s compensation at the date of the member’s retirement, subject  | 
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 to the provisions of section 45-21-31. The retiree shall, as a condition of continued receipt of a  | 
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 disability retirement allowance, on or before a date fixed by the retirement board, annually under  | 
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 penalties of perjury provide the board with such affidavits and accurate evidence of earnings,  | 
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 employment and gainful activity as the board may require, including, but not limited to, joint  | 
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 and/or individual tax returns. Payment of the disability retirement allowance shall continue as  | 
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 long as the individual remains disabled, and regardless of service or age.  | 
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      (c) Upon retirement for accidental disability that has been found by the board to be  | 
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 permanently and totally disabling from any employment, a member shall receive a retirement  | 
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 allowance equal to sixty-six and two-thirds percent (66 2/3%) of the rate of the member’s  | 
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 compensation at the date of the member’s retirement subject to the provisions of section 45-21-  | 
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 31. The retirement board shall apply the terms of subsection 28-33-17(b) in determining total  | 
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 disability.     | 
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      SECTION 2. Section 45-21.2-10 of the General Laws in Chapter 45-21.2 entitled  | 
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 "Optional Retirement for Members of Police Force and Fire Fighters" is hereby amended to read  | 
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 as follows:  | 
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      45-21.2-10. Accidental disability allowance. --   | 
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 disability, a member shall receive a retirement allowance equal to sixty-six and two-thirds percent  | 
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 (66 2/3%) of the rate of the member’s compensation at the date of the member’s retirement.    | 
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      SECTION 3. This act shall take effect upon passage.  | 
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 LC01542  | |
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 EXPLANATION  | |
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 BY THE LEGISLATIVE COUNCIL  | |
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 OF  | |
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 A N A C T  | |
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 RELATING TO TOWNS AND CITIES - ACCIDENTAL DISABILITY ALLOWANCE  | |
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      This act would change the benefit a member would receive for disability allowance at the  | 
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 time of retirement for any application submitted on or after July 1, 2012. This act would pertain  | 
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 to disability allowance for municipal employees and also for members of the police force and fire  | 
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 fighters.  | 
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      This act would take effect upon passage.  | 
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 LC01542  | |
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