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2013 -- H 5697 | |
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LC01248 | |
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STATE OF RHODE ISLAND | |
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IN GENERAL ASSEMBLY | |
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JANUARY SESSION, A.D. 2013 | |
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____________ | |
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A N A C T | |
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RELATING TO LABOR AND LABOR RELATIONS -- RE-EMPLOYMENT OF WORKERS | |
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WHO BECOME DISABLED | |
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Introduced By: Representatives Winfield, and Keable | |
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Date Introduced: February 27, 2013 | |
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Referred To: House Labor | |
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It is enacted by the General Assembly as follows: | |
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1-1 |
SECTION 1. Sections 16-16-14, 16-16-16 and 16-16-19 of the General Laws in Chapter |
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1-2 |
16-16 entitled "Teachers' Retirement" are hereby amended to read as follows: |
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1-3 |
16-16-14. Retirement for ordinary disability. -- (a) Application for ordinary disability |
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1-4 |
may be made by a teacher, his or her department head, or a person acting in the teacher's behalf, |
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1-5 |
while in active service or on leave of absence for illness, provided that the teacher has had five |
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1-6 |
(5) or more years of total service of which at least three (3) consecutive years shall have been as a |
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1-7 |
teacher, and the teacher is not entitled to a regular service retirement allowance. A statement from |
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1-8 |
a physician shall accompany the application stating that the teacher is physically or mentally |
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1-9 |
incapacitated for the performance of |
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1-10 |
accommodations, and that he or she should be retired. |
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1-11 |
(b) A medical examination of the teacher shall be made by three (3) physicians engaged |
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1-12 |
by the retirement board for this purpose, and should the medical examination show that the |
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1-13 |
teacher is physically or mentally incapacitated for the performance of |
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1-14 |
with or without reasonable accommodations, and ought to be retired, the physicians shall so |
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1-15 |
report and certify to the retirement board and the retirement board, may retire the teacher for |
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1-16 |
ordinary disability. |
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1-17 |
(c) The retirement board shall establish uniform eligibility requirements, standards, and |
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1-18 |
criteria for ordinary disability which shall apply to all members who make application for |
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1-19 |
retirement for ordinary disability. |
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2-1 |
(d) The provisions of this section are subject to the provisions of section 28-33-18.2, |
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2-2 |
suitable alternative employment, and section 28-33-47, reinstatement of injured worker. |
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2-3 |
16-16-16. Retirement for accidental disability. -- (a) Medical examination of an active |
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2-4 |
teacher for accidental disability, and investigation of all statements and certificates by him or her |
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2-5 |
or in his or her behalf in connection with the accidental disability, shall be made upon the |
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2-6 |
application of the head of the department in which the teacher is employed or upon application of |
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2-7 |
the teacher, or of a person acting in his or her behalf, stating that the teacher is physically or |
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2-8 |
mentally incapacitated for the performance of service as a natural and proximate result of an |
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2-9 |
accident, while in the performance of duty, and certify the definite time, place, and conditions of |
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2-10 |
the duty performed by the teacher resulting in the alleged disability, and that the alleged disability |
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2-11 |
is not the result of willful negligence or misconduct on the part of the teacher, and is not the result |
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2-12 |
of age or length of service, and that the teacher |
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2-13 |
the performance of duties of the position, with or without reasonable accommodations, and |
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2-14 |
therefore, be retired. |
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2-15 |
(b) The application shall be made within five (5) years of the alleged accident from |
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2-16 |
which the injury has resulted in the teacher's present disability, and shall be accompanied by an |
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2-17 |
accident report and a physician's report certifying to the disability; provided, that, if the teacher |
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2-18 |
was able to return to his or her employment and subsequently reinjures or aggravates the same |
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2-19 |
injury, the application shall be made within the later of five (5) years of the alleged accident or |
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2-20 |
three (3) years of the reinjury or aggravation. The application may also state that the teacher is |
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2-21 |
permanently and totally disabled, with or without reasonable accommodations, from any |
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2-22 |
employment. |
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2-23 |
(c) If a medical examination conducted by three (3) physicians engaged by the retirement |
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2-24 |
board, and any investigation that the retirement board may desire to make, shall show that the |
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2-25 |
teacher is physically or mentally incapacitated for the performance of service as a natural and |
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2-26 |
proximate result of an accident, while in the performance of duty, and that the disability is not the |
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2-27 |
result of willful negligence or misconduct on the part of the teacher, and is not the result of age or |
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2-28 |
length of service, and that the teacher has not attained the age of sixty-five (65) years, and that the |
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2-29 |
teacher should be retired, the physicians who conducted the examination shall so certify to the |
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2-30 |
retirement board stating the time, place, and conditions of service performed by the teacher |
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2-31 |
resulting in the disability, and the retirement board may grant the teacher an accidental disability |
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2-32 |
benefit. |
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2-33 |
(d) The retirement board shall establish uniform eligibility requirements, standards, and |
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2-34 |
criteria for accidental disability which shall apply to all members who make application for |
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3-1 |
accidental disability benefits. |
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3-2 |
(e) The provisions of this section are subject to the provisions of section 28-33-18.2, |
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3-3 |
suitable alternative employment, and section 28-33-47, reinstatement of injured worker. |
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3-4 |
16-16-19. Reexamination of disability beneficiaries -- Reduction of benefit -- |
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3-5 |
Reinstatement to active service. -- (a) Once each year the retirement board may, and upon his or |
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3-6 |
her application shall, require any disability beneficiary under the minimum age of service |
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3-7 |
retirement to undergo a medical examination, the examination to be made at the place of |
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3-8 |
residence of the beneficiary, or other place mutually agreed upon, by a physician or physicians |
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3-9 |
engaged by the retirement board. If the examination indicates that the beneficiary is able to |
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3-10 |
engage in a gainful occupation, his or her name shall be placed on appropriate lists of candidates |
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3-11 |
prepared for appointment to positions in his or her department or agency for which he or she is |
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3-12 |
stated to be qualified, of a salary grade not exceeding that from which he or she was last retired. |
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3-13 |
Should the beneficiary be engaged in a gainful occupation, with or without reasonable |
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3-14 |
accommodations, or should he or she be offered service as a result of the placing of his or her |
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3-15 |
name on a list of candidates, the retirement board shall adjust, and, from time to time readjust, the |
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3-16 |
amount of his or her disability benefit to an amount which shall not exceed the rate of benefit |
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3-17 |
upon which he or she was originally retired, and which, when added to the amount then earnable |
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3-18 |
by him or her, shall not exceed his or her rate of annual compensation currently for the |
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3-19 |
classification that the disability annuitant held prior to retirement. Should any disability |
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3-20 |
beneficiary under the minimum age of service retirement refuse to submit to one medical |
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3-21 |
examination in any year by a physician or physicians designated by the retirement board, his or |
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3-22 |
her benefit shall be discontinued until his or her withdrawal of the refusal, and should his or her |
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3-23 |
refusal continue for one year, all his or her rights in and to the benefit shall be revoked by the |
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3-24 |
retirement board. A disability beneficiary, reinstated to active service, shall be reinstated as a |
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3-25 |
member and participate in the rights of the retirement system, to the same extent as any other |
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3-26 |
teacher. |
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3-27 |
(b) The provisions of this section are subject to the provisions of section 28-33-18.2, |
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3-28 |
suitable alternative employment, and section 28-33-47, reinstatement of injured worker. |
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3-29 |
SECTION 2. Chapter 16-16 of the General Laws entitled "Teachers' Retirement" is |
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3-30 |
hereby amended by adding thereto the following section: |
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3-31 |
16-16-44. Reinstatement of disabled teacher. -- (a) A teacher who is absent as a result |
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3-32 |
of the ordinary or accidental disability shall be reinstated by the teacher's employer to the |
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3-33 |
teacher's former position of employment upon written demand for reinstatement, if the position |
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3-34 |
exists and is available and the teacher is not disabled from performing the duties of the position |
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4-1 |
with reasonable accommodation made by the employer in the manner in which the work is to be |
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4-2 |
performed. A teacher's former position is "available" even if that position has been filled by a |
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4-3 |
replacement while the teacher was absent as a result of the ordinary or accidental disability. If the |
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4-4 |
former position is not available, the teacher shall be reinstated in any other existing position that |
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4-5 |
is vacant and suitable. A certificate by the treating physician that the physician approves the |
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4-6 |
teacher's return to the teacher's regular employment or other suitable employment shall be prima |
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4-7 |
facie evidence that the teacher is able to perform the duties. |
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4-8 |
(b) The right of reinstatement shall be subject to the provisions for seniority rights and |
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4-9 |
other employment restrictions contained in a valid collective bargaining agreement between the |
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4-10 |
employer and a representative of the employer's employees, and nothing shall exempt any |
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4-11 |
employer from or excuse full compliance with any applicable provisions of the Americans with |
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4-12 |
Disabilities Act 42 USC section 12101 et seq., and chapter 87 of title 42. |
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4-13 |
SECTION 3. Sections 28-31-5 and 28-31-6 of the General Laws in Chapter 28-31 |
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4-14 |
entitled "Workers' Compensation - State and Municipal Employees" are hereby amended to read |
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4-15 |
as follows: |
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4-16 |
28-31-5. Payment of benefits for state employees. -- (a) The expenses incurred for and |
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4-17 |
in behalf of the state under the provisions of sections 28-31-3, 28-33-5, 28-33-12, 28-33-16, 28- |
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4-18 |
33-17, 28-33-18, 28-33-19, 28-33-34, 28-33-35, 28-33-36, 28-33-37, and 28-33-39 and for |
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4-19 |
benefits similar to the benefits provided for employees of employers other than the state under the |
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4-20 |
provisions of section 28-37-8 as determined by a prior agreement or settled as provided by |
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4-21 |
section 28-31-4 or by the department's preliminary determination or decree of the workers' |
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4-22 |
compensation court, shall be paid out of any money in the state treasury not otherwise |
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4-23 |
appropriated and the state controller shall draw his or her order or orders upon the general |
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4-24 |
treasurer for the payment of the claim in accordance with the provisions of the agreement, |
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4-25 |
preliminary determination, or decree upon receipt by the controller of a copy of the agreement or |
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4-26 |
preliminary determination certified by the director or of a copy of the decree certified by the |
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4-27 |
administrator of the workers' compensation court. |
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4-28 |
(b) Payments for continuing total incapacity until the employee's total incapacity has |
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4-29 |
ended or until his or her death similar to the payments which are provided for employees of |
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4-30 |
employers other than the state by section 28-37-8 shall in the case of an employee of the state be |
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4-31 |
paid out of any money in the state treasury not otherwise appropriated. |
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4-32 |
(c) Benefits similar to the provisions of section 28-37-8 shall be paid to employees of the |
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4-33 |
state whose final payment attaining the maximum limit for compensation for total incapacity as |
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4-34 |
provided by section 28-33-17 is paid subsequent to January 1, 1969 and who continue to be |
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5-1 |
totally incapacitated for work due to an injury sustained while employed by the state. |
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(d) The provisions of this section are subject to the provisions of section 28-33-18.2, |
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5-3 |
suitable alternative employment, and section 28-33-47, reinstatement of injured worker. |
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5-4 |
28-31-6. Payment of benefits for municipal employees -- Action for collection. -- (a) |
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(1) The expenses incurred for and in behalf of any town or city under the provisions of sections |
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28-31-3 and 28-33-5 -- 28-33-11, and the amount of compensation due an employee of a town or |
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5-7 |
city as determined by an agreement with or paid by that town or city, or by the department's |
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5-8 |
preliminary determination or decree of the workers' compensation court, shall be paid by the |
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5-9 |
treasurer of that town or city out of any money of the town or city in its hands. |
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5-10 |
(2) The payment shall be made by the treasurer upon receipt by him or her of a |
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5-11 |
certificate of those expenses satisfactory to him or her, or of a certified copy of the agreement, |
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5-12 |
preliminary determination, or decree under which the compensation is to be paid; provided, that |
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5-13 |
he or she shall not make any payment until the payment has been approved by the auditor of the |
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5-14 |
city or town if there is any such officer, and if there is not any such officer, then payment shall |
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5-15 |
first be approved by the mayor of the city or the president of the town council of the town. |
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5-16 |
(3) If more than one payment of money is made or required by any agreement, |
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5-17 |
preliminary determination, or decree, the payments shall be made in the manner provided in this |
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5-18 |
section as they become due. |
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5-19 |
(4) If any expenses or compensation required to be paid by a town or city under the |
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5-20 |
provisions of chapters 29 -- 38 of this title or any installment of them is not paid within twenty |
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5-21 |
(20) days after the certificate or certified copy is filed with the treasurer of the town or city, the |
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5-22 |
expenses or compensation may be collected in the manner in which a judgment against a town or |
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5-23 |
city may be collected under the provisions of sections 45-15-5 -- 45-15-7. |
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5-24 |
(b) The provisions of this section are subject to the provisions of section 28-33-18.2, |
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5-25 |
suitable alternative employment, and section 28-33-47, reinstatement of injured worker. |
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5-26 |
SECTION 4. Chapter 28-31 of the General Laws entitled "Workers' Compensation - State |
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5-27 |
and Municipal Employees" is hereby amended by adding thereto the following section: |
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5-28 |
28-31-16. Reinstatement of disabled employee. -- (a) An employee who has sustained a |
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5-29 |
compensable injury shall be reinstated by the employee's employer to the employee's former |
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5-30 |
position of employment upon written demand for reinstatement, if the position exists and is |
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5-31 |
available and the employee is not disabled from performing the duties of the position with |
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5-32 |
reasonable accommodation made by the employer in the manner in which the work is to be |
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5-33 |
performed. A employee's former position is "available" even if that position has been filled by a |
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5-34 |
replacement while the employee was absent as a result of the ordinary or accidental disability. If |
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6-1 |
the former position is not available, the employee shall be reinstated in any other existing position |
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6-2 |
that is vacant and suitable. A certificate by the treating physician that the physician approves the |
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6-3 |
employee's return to the employee's regular employment or other suitable employment shall be |
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6-4 |
prima facie evidence that the employee is able to perform the duties. |
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6-5 |
(b) The right of reinstatement shall be subject to the provisions for seniority rights and |
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6-6 |
other employment restrictions contained in a valid collective bargaining agreement between the |
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6-7 |
employer and a representative of the employer's employees, and nothing shall exempt any |
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6-8 |
employer from or excuse full compliance with any applicable provisions of the Americans with |
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6-9 |
Disabilities Act, 42 USC section 12101 et seq., and chapter 87 of title 42. |
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6-10 |
SECTION 5. Section 36-4-39 of the General Laws in Chapter 36-4 entitled "Merit |
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6-11 |
System" is hereby amended to read as follows: |
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6-12 |
36-4-39. Retirement or transfer to light duty. -- (a) When an employee has become |
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6-13 |
physically or mentally incapable of or unfit for the efficient performance of the duties of his or |
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6-14 |
her position, with or without reasonable accommodation, by reason of infirmities due to advanced |
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6-15 |
age or other disability, it shall be the duty of the appointing authority to transfer the employee to |
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6-16 |
less arduous duties or to order his or her retirement. The appeal procedure established for |
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6-17 |
dismissals shall apply to retirements ordered under authority of this section. |
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6-18 |
(b) The provisions of this section are subject to the provisions of section 28-33-18.2, |
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6-19 |
suitable alternative employment, and section 28-33-47, reinstatement of injured worker. |
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6-20 |
SECTION 6. Chapter 36-4 of the General Laws entitled "Merit System" is hereby |
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6-21 |
amended by adding thereto the following section: |
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6-22 |
36-4-66. Reinstatement of disabled employee. -- (a) An employee who has sustained a |
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6-23 |
compensable injury shall be reinstated by the employee's employer to the employee's former |
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6-24 |
position of employment upon written demand for reinstatement, if the position exists and is |
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6-25 |
available and the employee is not disabled from performing the duties of the position with |
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6-26 |
reasonable accommodation made by the employer in the manner in which the work is to be |
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6-27 |
performed. A employee's former position is "available" even if that position has been filled by a |
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6-28 |
replacement while the employee was absent as a result of the ordinary or accidental disability. If |
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6-29 |
the former position is not available, the employee shall be reinstated in any other existing position |
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6-30 |
that is vacant and suitable. A certificate by the treating physician that the physician approves the |
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6-31 |
employee's return to the employee's regular employment or other suitable employment shall be |
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6-32 |
prima facie evidence that the employee is able to perform the duties. |
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6-33 |
(b) The right of reinstatement shall be subject to the provisions for seniority rights and |
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6-34 |
other employment restrictions contained in a valid collective bargaining agreement between the |
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7-1 |
employer and a representative of the employer's employees, and nothing shall exempt any |
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7-2 |
employer from or excuse full compliance with any applicable provisions of the Americans with |
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7-3 |
Disabilities Act, 42 USC section 12101 et seq., and chapter 87 of title 42. |
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7-4 |
SECTION 7. Sections 36-10-12, 36-10-14 and 36-10-17 of the General Laws in Chapter |
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7-5 |
36-10 entitled "Retirement System-Contributions and Benefits" are hereby amended to read as |
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7-6 |
follows: |
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7-7 |
36-10-12. Retirement for ordinary disability. -- (a) Application for ordinary disability |
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7-8 |
may be made by a member, his or her department head, or a person acting in the member's behalf, |
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7-9 |
while in active service or on leave of absence for illness, provided that the member has had five |
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7-10 |
(5) or more years of total service of which at least three (3) consecutive years shall have been as |
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7-11 |
an employee of the state or as a teacher as defined in chapter 16 of title 16 and the member is not |
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7-12 |
entitled to a regular service retirement allowance. A statement from a physician shall accompany |
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7-13 |
the application stating that the member is physically or mentally incapacitated for the |
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7-14 |
performance of duty and that he or she should be retired. |
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7-15 |
(b) A medical examination of the member shall be made by three (3) physicians engaged |
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7-16 |
by the retirement board for this purpose, and should the medical examination show that the |
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7-17 |
member is physically or mentally incapacitated for the performance of |
|
7-18 |
with or without reasonable accommodations, and ought to be retired, the physicians shall so |
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7-19 |
report and certify to the retirement board, and the retirement board may retire the member for |
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7-20 |
ordinary disability. |
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7-21 |
(c) The retirement board shall establish uniform eligibility requirement standards and |
|
7-22 |
criteria for ordinary disability which shall apply to all members who make application for |
|
7-23 |
retirement for ordinary disability. |
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7-24 |
(d) The provisions of this section are subject to the provisions of section 28-33-18.2, |
|
7-25 |
suitable alternative employment, and section 28-33-47, reinstatement of injured worker. |
|
7-26 |
36-10-14. Retirement for accidental disability. -- (a) Medical examination of an active |
|
7-27 |
member for accidental disability and investigation of all statements and certificates by him or her |
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7-28 |
or in his or her behalf in connection therewith shall be made upon the application of the head of |
|
7-29 |
the department in which the member is employed or upon application of the member, or of a |
|
7-30 |
person acting in his or her behalf, stating that the member is physically or mentally incapacitated |
|
7-31 |
for the performance of service as a natural and proximate result of an accident while in the |
|
7-32 |
performance of duty, and certify the definite time, place, and conditions of the duty performed by |
|
7-33 |
the member resulting in the alleged disability, and that the alleged disability is not the result of |
|
7-34 |
willful negligence or misconduct on the part of the member, and is not the result of age or length |
|
8-1 |
of service, and that the member is mentally or physically incapacitated for the performance of |
|
8-2 |
duties of the position, with or without reasonable accommodations, and should, therefore, be |
|
8-3 |
retired. |
|
8-4 |
(b) The application shall be made within five (5) years of the alleged accident from |
|
8-5 |
which the injury has resulted in the members present disability and shall be accompanied by an |
|
8-6 |
accident report and a physicians report certifying to the disability; provided that if the member |
|
8-7 |
was able to return to his or her employment and subsequently reinjures or aggravates the same |
|
8-8 |
injury, the application shall be made within the later of five (5) years of the alleged accident or |
|
8-9 |
three (3) years of the reinjury or aggravation. The application may also state the member is |
|
8-10 |
permanently and totally disabled from any employment, with or without reasonable |
|
8-11 |
accommodations. |
|
8-12 |
(c) If a medical examination conducted by three (3) physicians engaged by the retirement |
|
8-13 |
board and such investigation as the retirement board may desire to make shall show that the |
|
8-14 |
member is physically or mentally incapacitated for the performance of service as a natural and |
|
8-15 |
proximate result of an accident, while in the performance of duty, and that the disability is not the |
|
8-16 |
result of willful negligence or misconduct on the part of the member, and is not the result of age |
|
8-17 |
or length of service, and that the member has not attained the age of sixty-five (65), and that the |
|
8-18 |
member should be retired, the physicians who conducted the examination shall so certify to the |
|
8-19 |
retirement board stating the time, place, and conditions of service performed by the member |
|
8-20 |
resulting in the disability and the retirement board may grant the member an accidental disability |
|
8-21 |
benefit. |
|
8-22 |
(d) The retirement board shall establish uniform eligibility requirements, standards, and |
|
8-23 |
criteria for accidental disability which shall apply to all members who make application for |
|
8-24 |
accidental disability benefits. |
|
8-25 |
(e) The provisions of this section are subject to the provisions of section 28-33-18.2, |
|
8-26 |
suitable alternative employment, and section 28-33-47, reinstatement of injured worker. |
|
8-27 |
36-10-17. Reexamination of disability beneficiaries -- Reduction of benefit -- |
|
8-28 |
Reinstatement to active service. -- (a) Once each year the retirement board may, and upon his or |
|
8-29 |
her application shall, require any disability beneficiary under the minimum age of service |
|
8-30 |
retirement to undergo a medical examination. The examination to be made at the place of |
|
8-31 |
residence of the beneficiary or other place mutually agreed upon by a physician or physicians |
|
8-32 |
engaged by the retirement board. If the examination indicates that the beneficiary is able to |
|
8-33 |
engage in a gainful occupation, with or without reasonable accommodations, his or her name |
|
8-34 |
shall be placed on such appropriate lists of candidates as are prepared for appointment to |
|
9-1 |
positions in his or her department or agency for which he or she is stated to be qualified and for a |
|
9-2 |
salary grade not exceeding that from which he or she was last retired. Should the beneficiary be |
|
9-3 |
engaged in a gainful occupation or should he or she be offered service as a result of the placing of |
|
9-4 |
his or her name on a list of candidates, the retirement board shall adjust and from time to time |
|
9-5 |
readjust, the amount of his or her disability benefit to an amount which shall not exceed the rate |
|
9-6 |
of benefit upon which he or she was originally retired, and which, when added to the amount then |
|
9-7 |
earnable by him or her, shall not exceed his or her rate of annual compensation currently for the |
|
9-8 |
classification that the disability annuitant held prior to retirement. Should any disability |
|
9-9 |
beneficiary under the minimum age of service retirement refuse to submit to one medical |
|
9-10 |
examination in any year by a physician or physicians designated by the retirement board, his or |
|
9-11 |
her benefit shall be discontinued until his or her withdrawal of the refusal and should his or her |
|
9-12 |
refusal continue for one year, all his or her rights in and to disability benefit shall be revoked by |
|
9-13 |
the retirement board. A disability beneficiary, reinstated to active service, shall be reinstated as a |
|
9-14 |
member and participate in the rights of the retirement system to the same extent as any other |
|
9-15 |
member. |
|
9-16 |
(b) The provisions of this section are subject to the provisions of section 28-33-18.2, |
|
9-17 |
suitable alternative employment, and section 28-33-47, reinstatement of injured worker. |
|
9-18 |
SECTION 8. Chapter 36-10 of the General Laws entitled "Retirement System- |
|
9-19 |
Contributions and Benefits" is hereby amended by adding thereto the following section: |
|
9-20 |
36-10-41. Reinstatement of disabled member. -- (a) A member who is absent as a result |
|
9-21 |
of the ordinary or accidental disability shall be reinstated by the member's employer to the |
|
9-22 |
member's former position of employment upon written demand for reinstatement, if the position |
|
9-23 |
exists and is available and the member is not disabled from performing the duties of the position |
|
9-24 |
with reasonable accommodation made by the employer in the manner in which the work is to be |
|
9-25 |
performed. A member's former position is "available" even if that position has been filled by a |
|
9-26 |
replacement while the member was absent as a result of the ordinary or accidental disability. If |
|
9-27 |
the former position is not available, the member shall be reinstated in any other existing position |
|
9-28 |
that is vacant and suitable. A certificate by the treating physician that the physician approves the |
|
9-29 |
member's return to the member's regular employment or other suitable employment shall be |
|
9-30 |
prima facie evidence that the member is able to perform the duties. |
|
9-31 |
(b) The right of reinstatement shall be subject to the provisions for seniority rights and |
|
9-32 |
other employment restrictions contained in a valid collective bargaining agreement between the |
|
9-33 |
employer and a representative of the employer's employees, and nothing shall exempt any |
|
9-34 |
employer from or excuse full compliance with any applicable provisions of the Americans with |
|
10-1 |
Disabilities Act, 42 USC section 12101 et seq., and chapter 87 of title 42. |
|
10-2 |
SECTION 9. Sections 45-21-19, 45-21-21 and 45-21-23 of the General Laws in Chapter |
|
10-3 |
45-21 entitled "Retirement of Municipal Employees" are hereby amended to read as follows: |
|
10-4 |
45-21-19. Retirement for ordinary disability. -- (a) Any member who has had five (5) |
|
10-5 |
or more years of total service, may, upon the member's own application or upon application of the |
|
10-6 |
employer, or some person acting in the member's behalf, while in active service or on leave of |
|
10-7 |
absence for illness, apply for ordinary disability retirement; provided, that the member is not |
|
10-8 |
entitled to a regular service retirement allowance and; provided, that the member has at least three |
|
10-9 |
(3) consecutive years of service as an employee of a participating municipality within the five (5) |
|
10-10 |
years needed to be eligible under this section. |
|
10-11 |
(b) A statement from a physician shall accompany the application stating that the |
|
10-12 |
member is physically or mentally incapacitated for the performance of |
|
10-13 |
with or without reasonable accommodations, and that the member ought to be retired. |
|
10-14 |
(c) A medical examination of the member shall be made by three (3) physicians engaged |
|
10-15 |
by the retirement board for this purpose, and should the medical examination show that the |
|
10-16 |
member is physically or mentally incapacitated for the performance of duty and ought to be |
|
10-17 |
retired, the physicians shall so report and certify to the retirement board and the retirement board |
|
10-18 |
may retire the member for ordinary disability. |
|
10-19 |
(d) The retirement board shall establish uniform eligibility requirement standards and |
|
10-20 |
criteria for ordinary disability which apply to all members who make application for retirement |
|
10-21 |
for ordinary disability. |
|
10-22 |
(e) The provisions of this section are subject to the provisions of section 28-33-18.2, |
|
10-23 |
suitable alternative employment, and section 28-33-47, reinstatement of injured worker. |
|
10-24 |
45-21-21. Retirement for accidental disability. -- (a) Any member in active service, |
|
10-25 |
regardless of length of service, is entitled to an accidental disability retirement allowance. |
|
10-26 |
Application for the allowance shall be made by the member or on the member's behalf, stating |
|
10-27 |
that the member is physically or mentally incapacitated for further service, with or without |
|
10-28 |
reasonable accommodations, as the result of an injury sustained while in the performance of duty |
|
10-29 |
and certifying the time, place, and conditions of the duty performed by the member which |
|
10-30 |
resulted in the alleged disability, and that the alleged disability was not the result of the willful |
|
10-31 |
negligence or misconduct on the part of the member, and was not the result of age or length of |
|
10-32 |
service, and that the member has not attained the age of sixty-five (65). The application shall be |
|
10-33 |
made within five (5) years of the alleged accident from which the injury has resulted in the |
|
10-34 |
member's present disability and shall be accompanied by an accident report and a physician's |
|
11-1 |
report certifying the disability. If a medical examination made by three (3) physicians engaged by |
|
11-2 |
the retirement board, and other investigations as the board may make, confirm the statements |
|
11-3 |
made by the member, the board may grant the member an accidental disability retirement |
|
11-4 |
allowance. |
|
11-5 |
(b) The retirement board shall establish uniform eligibility requirements, standards and |
|
11-6 |
criteria for accidental disability which apply to all members who make application for accidental |
|
11-7 |
disability benefits. |
|
11-8 |
(c) The provisions of this section are subject to the provisions of section 28-33-18.2, |
|
11-9 |
suitable alternative employment, and section 28-33-47, reinstatement of injured worker. |
|
11-10 |
45-21-23. Periodical examination of disability annuitants -- Placement on |
|
11-11 |
employment lists. -- (a) At least once each year the retirement board may, and upon application |
|
11-12 |
shall, require any disability annuitant under the minimum age for service retirement, whether in |
|
11-13 |
receipt of an ordinary disability retirement allowance or an accidental disability retirement |
|
11-14 |
allowance, to undergo a medical examination, the examination to be made at the place of |
|
11-15 |
residence of the annuitant, or other place mutually agreed upon, by a physician or physicians |
|
11-16 |
engaged by the retirement board. |
|
11-17 |
(b) If the examination indicates that the annuitant is able to engage in a gainful |
|
11-18 |
occupation, with or without reasonable accommodations, the annuitant's name shall be placed on |
|
11-19 |
appropriate lists of candidates that are prepared for appointment to positions in the annuitant's |
|
11-20 |
department for which the annuitant is stated to be qualified, of a salary grade not less than that |
|
11-21 |
from which the annuitant was last retired. |
|
11-22 |
(c) The provisions of this section are subject to the provisions of section 28-33-18.2, |
|
11-23 |
suitable alternative employment, and section 28-33-47, reinstatement of injured worker. |
|
11-24 |
SECTION 10. Chapter 45-21 of the General Laws entitled "Retirement of Municipal |
|
11-25 |
Employees" is hereby amended by adding thereto the following section: |
|
11-26 |
45-21-67. Reinstatement of disabled member. -- (a) A member who is absent as a result |
|
11-27 |
of the ordinary or accidental disability shall be reinstated by the member's employer to the |
|
11-28 |
member's former position of employment upon written demand for reinstatement, if the position |
|
11-29 |
exists and is available and the member is not disabled from performing the duties of the position |
|
11-30 |
with reasonable accommodation made by the employer in the manner in which the work is to be |
|
11-31 |
performed. A member's former position is "available" even if that position has been filled by a |
|
11-32 |
replacement while the member was absent as a result of the ordinary or accidental disability. If |
|
11-33 |
the former position is not available, the member shall be reinstated in any other existing position |
|
11-34 |
that is vacant and suitable. A certificate by the treating physician that the physician approves the |
|
12-1 |
member's return to the member's regular employment or other suitable employment shall be |
|
12-2 |
prima facie evidence that the member is able to perform the duties. |
|
12-3 |
(b) The right of reinstatement shall be subject to the provisions for seniority rights and |
|
12-4 |
other employment restrictions contained in a valid collective bargaining agreement between the |
|
12-5 |
employer and a representative of the employer's employees, and nothing shall exempt any |
|
12-6 |
employer from or excuse full compliance with any applicable provisions of the Americans with |
|
12-7 |
Disabilities Act, 42 USC section 12101 et seq., and chapter 87 of title 42. |
|
12-8 |
SECTION 11. This act shall take effect on January 1, 2014. |
|
| |
|
======= | |
|
LC01248 | |
|
======= | |
|
EXPLANATION | |
|
BY THE LEGISLATIVE COUNCIL | |
|
OF | |
|
A N A C T | |
|
RELATING TO LABOR AND LABOR RELATIONS -- RE-EMPLOYMENT OF WORKERS | |
|
WHO BECOME DISABLED | |
|
*** | |
|
13-1 |
This act would promote the re-employment of employees who become disabled while in |
|
13-2 |
government service. |
|
13-3 |
This act would take effect on January 1, 2014. |
|
| |
|
======= | |
|
LC01248 | |
|
======= |