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2012 -- S 2875 SUBSTITUTE A | |
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LC01650/SUB A | |
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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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A N A C T | |
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RELATING TO TOWNS AND CITIES - ACCIDENTAL DISABILITY ALLOWANCE | |
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Introduced By: Senators DaPonte, DiPalma, and Bates | |
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Date Introduced: April 12, 2012 | |
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Referred To: Senate Finance | |
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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. Members of the police |
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force and fire fighters, as defined in section 45-21.2-2, are exempt from this subsection. |
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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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LC01650/SUB A | |
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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. |
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This act would take effect upon passage. |
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LC01650/SUB A | |
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