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2013 -- H 5768 | |
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LC01632 | |
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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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A N A C T | |
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RELATING TO TOWNS AND CITIES - OPTIONAL RETIREMENT FOR MEMBERS OF | |
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POLICE FORCE AND FIREFIGHTERS | |
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Introduced By: Representatives Craven, Mattiello, O`Neill, and Lombardi | |
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Date Introduced: February 28, 2013 | |
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Referred To: House Judiciary | |
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It is enacted by the General Assembly as follows: | |
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SECTION 1. Section 45-21.2-9 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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45-21.2-9. Retirement for accidental disability. -- (a) Any member in active service, |
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regardless of length of service, is entitled to an accidental disability retirement allowance. |
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Application for the allowance is made by the member or on the member's behalf, stating that the |
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member is physically or mentally incapacitated for further service as the result of an injury |
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sustained while in the performance of duty and certifying to the time, place, and conditions of the |
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duty performed by the member which resulted in the alleged disability and that the alleged |
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disability was not the result of the willful negligence or misconduct on the part of the member, |
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and was not the result of age or length of service, and that the member has not attained the age of |
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sixty-five (65). The application shall be made within eighteen (18) months of the alleged |
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accident from which the injury has resulted in the member's present disability and shall be |
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accompanied by an accident report and a physician's report certifying to the disability. If the |
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member was able to return to his or her employment and subsequently reinjures or aggravates the |
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same injury, the member shall make another application within eighteen (18) months of the |
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reinjury or aggravation which shall be accompanied by a physician's report certifying to the |
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reinjury or aggravation causing the disability. If a medical examination made by three (3) |
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physicians engaged by the retirement board, and other investigations as the board may make, |
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confirms the statements made by the member, the board may grant the member an accidental |
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disability retirement allowance. |
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(b) For the purposes of subsection (a), "aggravation" shall mean an intervening work- |
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related trauma that independently contributes to a member's original injury that amounts to more |
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than the natural progression of the preexisting disease or condition and is not the result of age or |
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length of service. The intervening independent trauma causing the aggravation must be an |
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identifiable event or series of work-related events that are the proximate cause of the member's |
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present condition of disability. |
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(c) "Occupational cancer", as used in this section, means a cancer arising out of |
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employment as a fire fighter, due to injury due to exposures to smoke, fumes, or carcinogenic, |
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poisonous, toxic, or chemical substances while in the performance of active duty in the fire |
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department. |
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(d) For purposes of subsection (a), "reinjury" shall mean a recurrence of the original |
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work-related injury from a specific ascertainable event. The specific event must be the proximate |
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cause of the member's present condition of disability. |
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(e) Any fire fighter, including one employed by the state, or a municipal firefighter |
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employed by a municipality that participates in the optional retirement for police officers and fire |
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fighters as provided in this chapter, who is unable to perform his or her duties in the fire |
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department by reason of a disabling occupational cancer which develops or manifests itself |
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during a period while the fire fighter is in the service of the department, and any retired member |
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of the fire force of any city or town who develops occupational cancer, is entitled to receive an |
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occupational cancer disability and he or she is entitled to all of the benefits provided for in this |
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chapter, chapters 19, 19.1, and 21 of this title and chapter 10 of title 36 if the fire fighter is |
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employed by the state. |
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(f) In the event that any party is aggrieved by the determination of the retirement board |
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pursuant to section 45-19-1, for an injury occurring on or after July 1, 2011, the party may submit |
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an appeal to the Rhode Island workers' compensation court. The appellant shall file a notice of |
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appeal with the retirement board and with the workers' compensation court within twenty (20) |
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days of the entry of the retirement board's decision and shall serve a copy of the notice of appeal |
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upon the opposing party. |
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(g) Within twenty (20) days of the receipt of the notice of appeal, the retirement board |
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shall transmit the entire record of proceedings before it, together with its order, to the workers' |
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compensation court. |
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(h) In the event that a party files a notice of appeal to the workers' compensation court, |
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the order of the retirement board shall be stayed pending further action by the court pursuant to |
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the provisions of Rhode Island general law section 28-35-20. |
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(i) Upon receipt of the |
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appeal, the court shall assign the matter to a judge and shall issue a notice at the time advising the |
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parties of the judge to whom the case has been assigned and the date for pretrial conference in |
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accordance with Rhode Island general law section 28-35-20. |
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(j) All proceedings filed with the workers' compensation court pursuant to this section |
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shall be de novo and shall be subject to the provisions of chapters 29 to 38 of Title 28 for all case |
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management procedures and dispute resolution processes, as provided under the rules of workers' |
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compensation court. Where the matter has been heard and decided by the workers' compensation |
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court, the court shall retain jurisdiction to review any prior orders or decrees entered by it. Such |
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petitions to review shall be filed directly with the workers' compensation court and shall be |
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subject to the case management and dispute resolution procedures set forth in chapters 29 through |
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38 of title 28 ("Labor and Labor Relations"). |
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(k) If the court determines that a member qualifies for accidental disability retirement, |
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the member shall receive a retirement allowance equal to sixty-six and two-thirds percent (66 |
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2/3%) of the rate of the member's compensation at the date of the member's retirement, subject to |
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the provisions of section 45-21-31. |
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SECTION 2. This act shall take effect upon passage. |
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LC01632 | |
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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 - OPTIONAL RETIREMENT FOR MEMBERS OF | |
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POLICE FORCE AND FIREFIGHTERS | |
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This act would require that for a party who is aggrieved by a determination of the |
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retirement board, that he or she must file a notice of appeal with the retirement board and the |
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workers' compensation court within twenty (20) days of the entry of the retirement board |
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decision. |
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This act would take effect upon passage. |
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LC01632 | |
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