2024 -- S 2059

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2024

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A N   A C T

RELATING TO TOWNS AND CITIES -- RELIEF OF INJURED AND DECEASED FIRE

FIGHTERS AND POLICE OFFICERS

     

     Introduced By: Senators Murray, Pearson, Sosnowski, Acosta, Euer, and Bissaillon

     Date Introduced: January 12, 2024

     Referred To: Senate Finance

     It is enacted by the General Assembly as follows:

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     SECTION 1. Section 45-19-1 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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     45-19-1. Salary payment during line of duty illness or injury.

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     (a)(1) Whenever any police officer of the Rhode Island airport corporation or whenever

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any police officer, firefighter, crash rescue crewperson, fire marshal, chief deputy fire marshal, or

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deputy fire marshal of any city, town, fire district, or the state of Rhode Island is wholly or partially

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incapacitated by reason of injuries received or sickness contracted in the performance of his or her

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duties or due to their rendering of emergency assistance within the physical boundaries of the state

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of Rhode Island at any occurrence involving the protection or rescue of human life which

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necessitates that they respond in a professional capacity when they would normally be considered

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by their employer to be officially off-duty, the respective city, town, fire district, state of Rhode

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Island, or Rhode Island airport corporation by which the police officer, firefighter, crash rescue

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crewperson, fire marshal, chief deputy fire marshal, or deputy fire marshal, is employed, shall,

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during the period of the incapacity, pay the police officer, firefighter, crash rescue crewperson, fire

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marshal, chief deputy fire marshal, or deputy fire marshal, the salary or wage and benefits to which

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the police officer, firefighter, crash rescue crewperson, fire marshal, chief deputy fire marshal, or

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deputy fire marshal, would be entitled had he or she not been incapacitated, and shall pay the

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medical, surgical, dental, optical, or other attendance, or treatment, nurses, and hospital services,

 

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medicines, crutches, and apparatus for the necessary period, except that if any city, town, fire

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district, the state of Rhode Island, or Rhode Island airport corporation provides the police officer,

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firefighter, crash rescue crewperson, fire marshal, chief deputy fire marshal, or deputy fire marshal,

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with insurance coverage for the related treatment, services, or equipment, then the city, town, fire

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district, the state of Rhode Island, or Rhode Island airport corporation is only obligated to pay the

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difference between the maximum amount allowable under the insurance coverage and the actual

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cost of the treatment, service, or equipment. In addition, the cities, towns, fire districts, the state of

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Rhode Island, or Rhode Island airport corporation shall pay all similar expenses incurred by a

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member who has been placed on a disability pension and suffers a recurrence of the injury or illness

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that dictated his or her disability retirement, subject to the provisions of subsection (j) herein.

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     (2) Post-traumatic stress disorder (as described in the Diagnostic and Statistical Manual of

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Mental Disorders, current edition, published by the American Psychiatric Association) related to

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the exposure of potentially traumatic events, resulting from a police officer or firefighter acting

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within the course of their employment or from the rendering of emergency assistance in the state

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of Rhode Island, at any occurrence involving the protection or the rescue of human life while off-

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duty, as set forth in subsection (h) of this section, and diagnosed with a post-traumatic stress injury

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by a licensed mental health professional, with a master's degree or higher, shall be deemed to have

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sustained an injury in the line of duty, as that term is used in subsection (a)(1) of this section. The

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benefits provided for under this section shall not be extended to a police officer or firefighter, if

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their post-traumatic stress injury diagnosis, arises out of any disciplinary action, work evaluation,

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job transfer, layoff, demotion, termination or similar adverse job actions.

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     (b) As used in this section, “police officer” means and includes any chief or other member

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of the police department of any city or town regularly employed at a fixed salary or wage and any

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deputy sheriff, member of the fugitive task force, or capitol police officer, permanent

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environmental police officer or criminal investigator of the department of environmental

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management, or airport police officer.

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     (c) As used in this section, “firefighter” means and includes any chief or other member of

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the fire department or rescue personnel of any city, town, or fire district, and any person employed

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as a member of the fire department of the town of North Smithfield, or fire department or district

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in any city or town.

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     (d) As used in this section, “crash rescue crewperson” means and includes any chief or

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other member of the emergency crash rescue section, division of airports, or department of

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transportation of the state of Rhode Island regularly employed at a fixed salary or wage.

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     (e) As used in this section, “fire marshal,” “chief deputy fire marshal,” and “deputy fire

 

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marshal” mean and include the fire marshal, chief deputy fire marshal, and deputy fire marshals

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regularly employed by the state of Rhode Island pursuant to the provisions of chapter 28.2 of title

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23.

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     (f) Any person employed by the state of Rhode Island, except for sworn employees of the

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Rhode Island state police, who is otherwise entitled to the benefits of chapter 19 of this title shall

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be subject to the provisions of chapters 29 — 38 of title 28 for all case management procedures and

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dispute resolution for all benefits.

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     (g) In order to receive the benefits provided for under this section, a police officer or

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firefighter must prove to his or her employer that he or she had reasonable grounds to believe that

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there was an emergency that required an immediate need for their assistance for the protection or

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rescue of human life.

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     (h) Any claims to the benefits provided for under this section resulting from the rendering

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of emergency assistance in the state of Rhode Island at any occurrence involving the protection or

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rescue of human life while off-duty, shall first require those covered by this section to submit a

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sworn declaration to their employer attesting to the date, time, place, and nature of the event

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involving the protection or rescue of human life causing the professional assistance to be rendered

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and the cause and nature of any injuries sustained in the protection or rescue of human life. Sworn

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declarations shall also be required from any available witness to the alleged emergency involving

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the protection or rescue of human life.

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     (i) All declarations required under this section shall contain the following language:

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     “Under penalty of perjury, I declare and affirm that I have examined this declaration,

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including any accompanying schedules and statements, and that all statements contained herein are

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true and correct.”

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     (j) Any person, not employed by the state of Rhode Island, receiving injured on-duty

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benefits pursuant to this section, and subject to the jurisdiction of the state retirement board for

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accidental retirement disability, for an injury occurring on or after July 1, 2011, shall apply for an

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accidental disability retirement allowance from the state retirement board not later than the later of

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eighteen (18) months after the date of the person’s injury that resulted in the person’s injured-on-

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duty status or sixty (60) days from the date on which the treating physician certifies that the person

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has reached maximum medical improvement. Nothing herein shall be construed to limit or alter

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any and all rights of the parties with respect to independent medical examination or otherwise, as

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set forth in the applicable collective bargaining agreement. Notwithstanding the forgoing, any

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person receiving injured-on-duty benefits as the result of a static and incapacitating injury whose

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permanent nature is readily obvious and ascertainable shall be required to apply for an accidental

 

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disability retirement allowance within sixty (60) days from the date on which the treating physician

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certifies that the person’s injury is permanent, or sixty (60) days from the date on which the

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determination of permanency is made in accordance with the independent medical examination

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procedures as set forth in the applicable collective bargaining agreement.

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     (1) If a person with injured-on-duty status fails to apply for an accidental disability

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retirement allowance from the state retirement board within the time frame set forth above, that

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person’s injured on duty payment shall terminate. Further, any person suffering a static and

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incapacitating injury as set forth in subsection (j) above and who fails to apply for an accidental

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disability benefit allowance as set forth in subsection (j) shall have his or her injured-on-duty

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payment terminated.

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     (2) A person who so applies shall continue to receive injured-on-duty payments, and the

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right to continue to receive IOD payments of a person who so applies shall terminate in the event

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of a final ruling of the workers compensation court allowing accidental disability benefits. Nothing

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herein shall be construed to limit or alter any and all rights of the parties with respect to independent

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medical examination or otherwise, as set forth in the applicable collective bargaining agreement.

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     (k) Any person employed by the state of Rhode Island who is currently receiving injured-

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on-duty benefits or any person employed by the state of Rhode Island who in the future is entitled

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to injured-on-duty benefits pursuant to this chapter, and subject to the jurisdiction of the state

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retirement board for accidental retirement disability, shall apply for an accidental disability

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retirement allowance from the state retirement board not later than sixty (60) days from the date on

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which a treating physician or an independent medical examiner certifies that the person has reached

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maximum medical improvement, and in any event not later than eighteen (18) months after the date

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of the person’s injury that resulted in the person being on injured-on-duty. Nothing herein shall be

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construed to limit or alter any and all rights of the parties with respect to independent medical

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examination or otherwise, as set forth in the applicable collective bargaining agreement.

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Notwithstanding the forgoing, any person receiving injured on duty benefits as the result of a static

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and incapacitating injury whose permanent nature is readily obvious and ascertainable shall be

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required to apply for an accidental disability retirement allowance within sixty (60) days from the

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date on which a treating physician or an independent medical examiner certifies that the person’s

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injury is permanent, or sixty (60) days from the date on which such determination of permanency

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is made in accordance with the independent medical examination procedures as set forth in the

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applicable collective bargaining agreement.

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     (1) If a person employed by the state of Rhode Island with injured-on-duty status fails to

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apply for an accidental disability retirement allowance from the state retirement board within the

 

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time frame set forth in subsection (k) above, that person’s injured-on-duty payment shall terminate.

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Further, any person employed by the state of Rhode Island suffering a static and incapacitating

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injury as set forth in subsection (k) above and who fails to apply for an accidental disability benefit

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allowance as set forth in subsection (k) shall have his or her injured on duty payment terminated.

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     (2) A person employed by the state of Rhode Island who so applies shall continue to receive

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injured on duty payments, and the right to continue to receive injured on-duty payments of a person

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who so applies shall terminate upon final adjudication by the state retirement board approving or

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denying either ordinary or accidental disability payments and, notwithstanding § 45-31.2-9, this

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termination of injured-on-duty benefits shall not be stayed.

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     (3)(i) Notwithstanding any other provision of law, all persons employed by the state of

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Rhode Island entitled to benefits under this section who were injured prior to July 1, 2019, and who

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have been receiving injured-on-duty benefits pursuant to this section for a period of eighteen (18)

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months or longer as of July 1, 2019, shall have up to ninety (90) days from July 1, 2019, to apply

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for an accidental disability retirement benefit allowance. Any person employed by the state of

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Rhode Island receiving injured-on-duty benefits for a period less than eighteen (18) months as of

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July 1, 2019, shall apply for an accidental disability retirement benefit allowance within eighteen

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(18) months of the date of injury that resulted in the person receiving injured-on-duty pay; provided

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however, said person shall have a minimum of ninety (90) days to apply.

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     Applications for disability retirement received by the state retirement board by any person

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employed by the State of Rhode Island receiving injured-on-duty payments that shall be deemed

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untimely pursuant to § 36-10-14(b) shall have ninety (90) days from July 1, 2019, to apply for an

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accidental disability retirement benefit allowance. Failure to apply for an accidental disability

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retirement benefit allowance within the timeframe set forth herein shall result in the termination of

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injured-on-duty benefits.

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     (ii) Any person employed by the state of Rhode Island receiving injured-on-duty payments

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who has been issued a final adjudication of the state retirement board on an application for an

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ordinary or accidental disability benefit, either approving or denying the application, shall have his

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or her injured-on-duty payments terminated.

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     (4) If awarded an accidental disability pension, any person employed by the state of Rhode

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Island covered under this section shall receive benefits consistent with § 36-10-15.

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     SECTION 2. Section 45-21.2-9 of the General Laws in Chapter 45-21.2 entitled "Optional

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Retirement for Members of Police Force and Firefighters" is hereby amended to read as follows:

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     45-21.2-9. Retirement for accidental disability.

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     (a) Any member in active service, regardless of length of service, is entitled to an accidental

 

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disability retirement allowance. Application for the allowance is made by the member or on the

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member’s behalf, stating that the member is physically or mentally incapacitated for further service

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as the result of an injury or illness sustained while in the performance of duty and certifying to the

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time, place, and conditions of the duty performed by the member that resulted in the alleged

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disability and that the alleged disability was not the result of the willful negligence or misconduct

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on the part of the member, and was not the result of age or length of service. The application shall

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be made within eighteen (18) months of the alleged accident from which the injury has resulted in

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the member’s present disability and shall be accompanied by an accident report and a physician’s

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report certifying to the disability. If the member was able to return to his or her employment and

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subsequently reinjures or aggravates the same injury or illness, the member shall make another

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application within eighteen (18) months of the reinjury or aggravation that shall be accompanied

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by a physician’s report certifying to the reinjury or aggravation causing the disability. If a medical

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examination made by three (3) physicians engaged by the retirement board, and other investigations

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as the board may make, confirms the statements made by the member, the board may grant the

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member an accidental 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 or illness that amounts

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to more than the natural progression of the preexisting disease or condition and is not the result of

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age or 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 firefighter, due to injury or illness due to exposures to smoke, fumes, or

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carcinogenic, poisonous, toxic, or chemical substances while in the performance of active duty in

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the fire department.

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     (d) For purposes of subsection (a), “reinjury” shall mean a recurrence of the original work-

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related injury or illness from a specific ascertainable event. The specific event must be the

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proximate cause of the member’s present condition of disability.

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     (e) Any firefighter, 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

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firefighters 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 (as defined in §§ 45-19.1-2 and 45-19.1-

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4) that develops or manifests itself during a period while the firefighter is in the service of the

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department, and any retired member of the fire force of any city or town who develops occupational

 

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cancer (as defined in §§ 45-19.1-2 and 45-19.1-4), is entitled to receive an occupational cancer

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disability and he or she is entitled to all of the benefits provided for in this chapter, chapters 19,

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19.1, and 21 of this title and chapter 10 of title 36 if the firefighter is employed by the state.

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     (f) Any police officer or firefighter as defined in §§ 45-19-1(b) and (c) who is unable to

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perform his or her duties by reason of post-traumatic stress injury as set forth in § 45-19-1(a)(2) is

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entitled to receive an accidental disability retirement allowance and he or she is entitled to all of

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the benefits provided for in this chapter, chapters 19, 19.1 and 21 of this title, and chapter 10 of

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title 36 if the firefighter is employed by the state.

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     (f)(g) In the event that any party is aggrieved by the determination of the retirement board

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pursuant to § 45-19-1, for an injury or illness occurring on or after July 1, 2011, the party may

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submit an appeal to the Rhode Island workers’ compensation court. The appellant shall file a notice

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of 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)(h) 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)(i) 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 the

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provisions of § 28-35-20.

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     (i)(j) Upon receipt of the notice of appeal, the court shall assign the matter to a judge and

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shall issue a notice at the time advising the parties of the judge to whom the case has been assigned

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and the date for pretrial conference in accordance with § 28-35-20.

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     (j)(k) 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 — 38 of title 28 for all case

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management procedures and dispute resolution processes, as provided under the rules of the

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workers’ compensation court. The workers’ compensation court shall enter a pretrial order in

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accordance with § 28-35-20(c) that grants or denies, in whole or in part, the relief sought by the

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petitioner. The pretrial order shall be effective upon entry and any payments ordered by it shall be

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paid within fourteen (14) days of the entry of the order. Provided, however, that in the event that

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the retirement board files a claim for trial of the pretrial order entered by the court, the order of the

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court shall be stayed until a final order or decree is entered by the court. If after trial and the entry

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of a final decree the court sustains the findings and orders entered in the pretrial order, the

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retirement board shall reimburse the municipality all benefits paid by it from the time the pretrial

 

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order was entered until the time the final decree is entered by the court. Where the matter has been

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heard and decided by the workers’ compensation court, the court shall retain jurisdiction to review

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any prior orders or decrees entered by it. The petitions to review shall be filed directly with the

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workers’ compensation court and shall be subject to the case management and dispute resolution

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procedures set forth in chapters 29 — 38 of title 28 (“Labor and Labor Relations”).

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     (k)(l) 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 (662/3%)

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of the rate of the member’s compensation at the date of the member’s retirement, subject to the

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provisions of § 45-21-31.

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     SECTION 3. This act shall take effect upon passage.

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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 FIRE

FIGHTERS AND POLICE OFFICERS

***

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     This act would extend injured-on-duty (IOD) benefits to police officers and firefighters

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that suffer from diagnosed post-traumatic stress disorders, resulting from actions in the course of

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their employment or from the rendering of emergency assistance at any occurrence involving the

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protection or the rescue of human life while off duty except under certain conditions. This act would

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also provide that municipal police officers and firefighters that are unable to perform their duties

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by reason of post-traumatic stress injury (PTSI) would be entitled to receive an accidental disability

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retirement allowance as well as IOD benefits.

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     This act would take effect upon passage.

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