2024 -- S 2059 | |
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LC003500 | |
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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 | |
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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: | |
1 | SECTION 1. Section 45-19-1 of the General Laws in Chapter 45-19 entitled "Relief of |
2 | Injured and Deceased Fire Fighters and Police Officers" is hereby amended to read as follows: |
3 | 45-19-1. Salary payment during line of duty illness or injury. |
4 | (a)(1) Whenever any police officer of the Rhode Island airport corporation or whenever |
5 | any police officer, firefighter, crash rescue crewperson, fire marshal, chief deputy fire marshal, or |
6 | deputy fire marshal of any city, town, fire district, or the state of Rhode Island is wholly or partially |
7 | incapacitated by reason of injuries received or sickness contracted in the performance of his or her |
8 | duties or due to their rendering of emergency assistance within the physical boundaries of the state |
9 | of Rhode Island at any occurrence involving the protection or rescue of human life which |
10 | necessitates that they respond in a professional capacity when they would normally be considered |
11 | by their employer to be officially off-duty, the respective city, town, fire district, state of Rhode |
12 | Island, or Rhode Island airport corporation by which the police officer, firefighter, crash rescue |
13 | crewperson, fire marshal, chief deputy fire marshal, or deputy fire marshal, is employed, shall, |
14 | during the period of the incapacity, pay the police officer, firefighter, crash rescue crewperson, fire |
15 | marshal, chief deputy fire marshal, or deputy fire marshal, the salary or wage and benefits to which |
16 | the police officer, firefighter, crash rescue crewperson, fire marshal, chief deputy fire marshal, or |
17 | deputy fire marshal, would be entitled had he or she not been incapacitated, and shall pay the |
18 | medical, surgical, dental, optical, or other attendance, or treatment, nurses, and hospital services, |
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1 | medicines, crutches, and apparatus for the necessary period, except that if any city, town, fire |
2 | district, the state of Rhode Island, or Rhode Island airport corporation provides the police officer, |
3 | firefighter, crash rescue crewperson, fire marshal, chief deputy fire marshal, or deputy fire marshal, |
4 | with insurance coverage for the related treatment, services, or equipment, then the city, town, fire |
5 | district, the state of Rhode Island, or Rhode Island airport corporation is only obligated to pay the |
6 | difference between the maximum amount allowable under the insurance coverage and the actual |
7 | cost of the treatment, service, or equipment. In addition, the cities, towns, fire districts, the state of |
8 | Rhode Island, or Rhode Island airport corporation shall pay all similar expenses incurred by a |
9 | member who has been placed on a disability pension and suffers a recurrence of the injury or illness |
10 | that dictated his or her disability retirement, subject to the provisions of subsection (j) herein. |
11 | (2) Post-traumatic stress disorder (as described in the Diagnostic and Statistical Manual of |
12 | Mental Disorders, current edition, published by the American Psychiatric Association) related to |
13 | the exposure of potentially traumatic events, resulting from a police officer or firefighter acting |
14 | within the course of their employment or from the rendering of emergency assistance in the state |
15 | of Rhode Island, at any occurrence involving the protection or the rescue of human life while off- |
16 | duty, as set forth in subsection (h) of this section, and diagnosed with a post-traumatic stress injury |
17 | by a licensed mental health professional, with a master's degree or higher, shall be deemed to have |
18 | sustained an injury in the line of duty, as that term is used in subsection (a)(1) of this section. The |
19 | benefits provided for under this section shall not be extended to a police officer or firefighter, if |
20 | their post-traumatic stress injury diagnosis, arises out of any disciplinary action, work evaluation, |
21 | job transfer, layoff, demotion, termination or similar adverse job actions. |
22 | (b) As used in this section, “police officer” means and includes any chief or other member |
23 | of the police department of any city or town regularly employed at a fixed salary or wage and any |
24 | deputy sheriff, member of the fugitive task force, or capitol police officer, permanent |
25 | environmental police officer or criminal investigator of the department of environmental |
26 | management, or airport police officer. |
27 | (c) As used in this section, “firefighter” means and includes any chief or other member of |
28 | the fire department or rescue personnel of any city, town, or fire district, and any person employed |
29 | as a member of the fire department of the town of North Smithfield, or fire department or district |
30 | in any city or town. |
31 | (d) As used in this section, “crash rescue crewperson” means and includes any chief or |
32 | other member of the emergency crash rescue section, division of airports, or department of |
33 | transportation of the state of Rhode Island regularly employed at a fixed salary or wage. |
34 | (e) As used in this section, “fire marshal,” “chief deputy fire marshal,” and “deputy fire |
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1 | marshal” mean and include the fire marshal, chief deputy fire marshal, and deputy fire marshals |
2 | regularly employed by the state of Rhode Island pursuant to the provisions of chapter 28.2 of title |
3 | 23. |
4 | (f) Any person employed by the state of Rhode Island, except for sworn employees of the |
5 | Rhode Island state police, who is otherwise entitled to the benefits of chapter 19 of this title shall |
6 | be subject to the provisions of chapters 29 — 38 of title 28 for all case management procedures and |
7 | dispute resolution for all benefits. |
8 | (g) In order to receive the benefits provided for under this section, a police officer or |
9 | firefighter must prove to his or her employer that he or she had reasonable grounds to believe that |
10 | there was an emergency that required an immediate need for their assistance for the protection or |
11 | rescue of human life. |
12 | (h) Any claims to the benefits provided for under this section resulting from the rendering |
13 | of emergency assistance in the state of Rhode Island at any occurrence involving the protection or |
14 | rescue of human life while off-duty, shall first require those covered by this section to submit a |
15 | sworn declaration to their employer attesting to the date, time, place, and nature of the event |
16 | involving the protection or rescue of human life causing the professional assistance to be rendered |
17 | and the cause and nature of any injuries sustained in the protection or rescue of human life. Sworn |
18 | declarations shall also be required from any available witness to the alleged emergency involving |
19 | the protection or rescue of human life. |
20 | (i) All declarations required under this section shall contain the following language: |
21 | “Under penalty of perjury, I declare and affirm that I have examined this declaration, |
22 | including any accompanying schedules and statements, and that all statements contained herein are |
23 | true and correct.” |
24 | (j) Any person, not employed by the state of Rhode Island, receiving injured on-duty |
25 | benefits pursuant to this section, and subject to the jurisdiction of the state retirement board for |
26 | accidental retirement disability, for an injury occurring on or after July 1, 2011, shall apply for an |
27 | accidental disability retirement allowance from the state retirement board not later than the later of |
28 | eighteen (18) months after the date of the person’s injury that resulted in the person’s injured-on- |
29 | duty status or sixty (60) days from the date on which the treating physician certifies that the person |
30 | has reached maximum medical improvement. Nothing herein shall be construed to limit or alter |
31 | any and all rights of the parties with respect to independent medical examination or otherwise, as |
32 | set forth in the applicable collective bargaining agreement. Notwithstanding the forgoing, any |
33 | person receiving injured-on-duty benefits as the result of a static and incapacitating injury whose |
34 | permanent nature is readily obvious and ascertainable shall be required to apply for an accidental |
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1 | disability retirement allowance within sixty (60) days from the date on which the treating physician |
2 | certifies that the person’s injury is permanent, or sixty (60) days from the date on which the |
3 | determination of permanency is made in accordance with the independent medical examination |
4 | procedures as set forth in the applicable collective bargaining agreement. |
5 | (1) If a person with injured-on-duty status fails to apply for an accidental disability |
6 | retirement allowance from the state retirement board within the time frame set forth above, that |
7 | person’s injured on duty payment shall terminate. Further, any person suffering a static and |
8 | incapacitating injury as set forth in subsection (j) above and who fails to apply for an accidental |
9 | disability benefit allowance as set forth in subsection (j) shall have his or her injured-on-duty |
10 | payment terminated. |
11 | (2) A person who so applies shall continue to receive injured-on-duty payments, and the |
12 | right to continue to receive IOD payments of a person who so applies shall terminate in the event |
13 | of a final ruling of the workers compensation court allowing accidental disability benefits. Nothing |
14 | herein shall be construed to limit or alter any and all rights of the parties with respect to independent |
15 | medical examination or otherwise, as set forth in the applicable collective bargaining agreement. |
16 | (k) Any person employed by the state of Rhode Island who is currently receiving injured- |
17 | on-duty benefits or any person employed by the state of Rhode Island who in the future is entitled |
18 | to injured-on-duty benefits pursuant to this chapter, and subject to the jurisdiction of the state |
19 | retirement board for accidental retirement disability, shall apply for an accidental disability |
20 | retirement allowance from the state retirement board not later than sixty (60) days from the date on |
21 | which a treating physician or an independent medical examiner certifies that the person has reached |
22 | maximum medical improvement, and in any event not later than eighteen (18) months after the date |
23 | of the person’s injury that resulted in the person being on injured-on-duty. Nothing herein shall be |
24 | construed to limit or alter any and all rights of the parties with respect to independent medical |
25 | examination or otherwise, as set forth in the applicable collective bargaining agreement. |
26 | Notwithstanding the forgoing, any person receiving injured on duty benefits as the result of a static |
27 | and incapacitating injury whose permanent nature is readily obvious and ascertainable shall be |
28 | required to apply for an accidental disability retirement allowance within sixty (60) days from the |
29 | date on which a treating physician or an independent medical examiner certifies that the person’s |
30 | injury is permanent, or sixty (60) days from the date on which such determination of permanency |
31 | is made in accordance with the independent medical examination procedures as set forth in the |
32 | applicable collective bargaining agreement. |
33 | (1) If a person employed by the state of Rhode Island with injured-on-duty status fails to |
34 | apply for an accidental disability retirement allowance from the state retirement board within the |
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1 | time frame set forth in subsection (k) above, that person’s injured-on-duty payment shall terminate. |
2 | Further, any person employed by the state of Rhode Island suffering a static and incapacitating |
3 | injury as set forth in subsection (k) above and who fails to apply for an accidental disability benefit |
4 | allowance as set forth in subsection (k) shall have his or her injured on duty payment terminated. |
5 | (2) A person employed by the state of Rhode Island who so applies shall continue to receive |
6 | injured on duty payments, and the right to continue to receive injured on-duty payments of a person |
7 | who so applies shall terminate upon final adjudication by the state retirement board approving or |
8 | denying either ordinary or accidental disability payments and, notwithstanding § 45-31.2-9, this |
9 | termination of injured-on-duty benefits shall not be stayed. |
10 | (3)(i) Notwithstanding any other provision of law, all persons employed by the state of |
11 | Rhode Island entitled to benefits under this section who were injured prior to July 1, 2019, and who |
12 | have been receiving injured-on-duty benefits pursuant to this section for a period of eighteen (18) |
13 | months or longer as of July 1, 2019, shall have up to ninety (90) days from July 1, 2019, to apply |
14 | for an accidental disability retirement benefit allowance. Any person employed by the state of |
15 | Rhode Island receiving injured-on-duty benefits for a period less than eighteen (18) months as of |
16 | July 1, 2019, shall apply for an accidental disability retirement benefit allowance within eighteen |
17 | (18) months of the date of injury that resulted in the person receiving injured-on-duty pay; provided |
18 | however, said person shall have a minimum of ninety (90) days to apply. |
19 | Applications for disability retirement received by the state retirement board by any person |
20 | employed by the State of Rhode Island receiving injured-on-duty payments that shall be deemed |
21 | untimely pursuant to § 36-10-14(b) shall have ninety (90) days from July 1, 2019, to apply for an |
22 | accidental disability retirement benefit allowance. Failure to apply for an accidental disability |
23 | retirement benefit allowance within the timeframe set forth herein shall result in the termination of |
24 | injured-on-duty benefits. |
25 | (ii) Any person employed by the state of Rhode Island receiving injured-on-duty payments |
26 | who has been issued a final adjudication of the state retirement board on an application for an |
27 | ordinary or accidental disability benefit, either approving or denying the application, shall have his |
28 | or her injured-on-duty payments terminated. |
29 | (4) If awarded an accidental disability pension, any person employed by the state of Rhode |
30 | Island covered under this section shall receive benefits consistent with § 36-10-15. |
31 | SECTION 2. Section 45-21.2-9 of the General Laws in Chapter 45-21.2 entitled "Optional |
32 | Retirement for Members of Police Force and Firefighters" is hereby amended to read as follows: |
33 | 45-21.2-9. Retirement for accidental disability. |
34 | (a) Any member in active service, regardless of length of service, is entitled to an accidental |
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1 | disability retirement allowance. Application for the allowance is made by the member or on the |
2 | member’s behalf, stating that the member is physically or mentally incapacitated for further service |
3 | as the result of an injury or illness sustained while in the performance of duty and certifying to the |
4 | time, place, and conditions of the duty performed by the member that resulted in the alleged |
5 | disability and that the alleged disability was not the result of the willful negligence or misconduct |
6 | on the part of the member, and was not the result of age or length of service. The application shall |
7 | be made within eighteen (18) months of the alleged accident from which the injury has resulted in |
8 | the member’s present disability and shall be accompanied by an accident report and a physician’s |
9 | report certifying to the disability. If the member was able to return to his or her employment and |
10 | subsequently reinjures or aggravates the same injury or illness, the member shall make another |
11 | application within eighteen (18) months of the reinjury or aggravation that shall be accompanied |
12 | by a physician’s report certifying to the reinjury or aggravation causing the disability. If a medical |
13 | examination made by three (3) physicians engaged by the retirement board, and other investigations |
14 | as the board may make, confirms the statements made by the member, the board may grant the |
15 | member an accidental disability retirement allowance. |
16 | (b) For the purposes of subsection (a), “aggravation” shall mean an intervening work- |
17 | related trauma that independently contributes to a member’s original injury or illness that amounts |
18 | to more than the natural progression of the preexisting disease or condition and is not the result of |
19 | age or length of service. The intervening independent trauma causing the aggravation must be an |
20 | identifiable event or series of work-related events that are the proximate cause of the member’s |
21 | present condition of disability. |
22 | (c) “Occupational cancer,” as used in this section, means a cancer arising out of |
23 | employment as a firefighter, due to injury or illness due to exposures to smoke, fumes, or |
24 | carcinogenic, poisonous, toxic, or chemical substances while in the performance of active duty in |
25 | the fire department. |
26 | (d) For purposes of subsection (a), “reinjury” shall mean a recurrence of the original work- |
27 | related injury or illness from a specific ascertainable event. The specific event must be the |
28 | proximate cause of the member’s present condition of disability. |
29 | (e) Any firefighter, including one employed by the state, or a municipal firefighter |
30 | employed by a municipality that participates in the optional retirement for police officers and |
31 | firefighters as provided in this chapter, who is unable to perform his or her duties in the fire |
32 | department by reason of a disabling occupational cancer (as defined in §§ 45-19.1-2 and 45-19.1- |
33 | 4) that develops or manifests itself during a period while the firefighter is in the service of the |
34 | department, and any retired member of the fire force of any city or town who develops occupational |
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1 | cancer (as defined in §§ 45-19.1-2 and 45-19.1-4), is entitled to receive an occupational cancer |
2 | disability and he or she is entitled to all of the benefits provided for in this chapter, chapters 19, |
3 | 19.1, and 21 of this title and chapter 10 of title 36 if the firefighter is employed by the state. |
4 | (f) Any police officer or firefighter as defined in §§ 45-19-1(b) and (c) who is unable to |
5 | perform his or her duties by reason of post-traumatic stress injury as set forth in § 45-19-1(a)(2) is |
6 | entitled to receive an accidental disability retirement allowance and he or she is entitled to all of |
7 | the benefits provided for in this chapter, chapters 19, 19.1 and 21 of this title, and chapter 10 of |
8 | title 36 if the firefighter is employed by the state. |
9 | (f)(g) In the event that any party is aggrieved by the determination of the retirement board |
10 | pursuant to § 45-19-1, for an injury or illness occurring on or after July 1, 2011, the party may |
11 | submit an appeal to the Rhode Island workers’ compensation court. The appellant shall file a notice |
12 | of appeal with the retirement board and with the workers’ compensation court within twenty (20) |
13 | days of the entry of the retirement board’s decision and shall serve a copy of the notice of appeal |
14 | upon the opposing party. |
15 | (g)(h) Within twenty (20) days of the receipt of the notice of appeal, the retirement board |
16 | shall transmit the entire record of proceedings before it, together with its order, to the workers’ |
17 | compensation court. |
18 | (h)(i) In the event that a party files a notice of appeal to the workers’ compensation court, |
19 | the order of the retirement board shall be stayed pending further action by the court pursuant to the |
20 | provisions of § 28-35-20. |
21 | (i)(j) Upon receipt of the notice of appeal, the court shall assign the matter to a judge and |
22 | shall issue a notice at the time advising the parties of the judge to whom the case has been assigned |
23 | and the date for pretrial conference in accordance with § 28-35-20. |
24 | (j)(k) All proceedings filed with the workers’ compensation court pursuant to this section |
25 | shall be de novo and shall be subject to the provisions of chapters 29 — 38 of title 28 for all case |
26 | management procedures and dispute resolution processes, as provided under the rules of the |
27 | workers’ compensation court. The workers’ compensation court shall enter a pretrial order in |
28 | accordance with § 28-35-20(c) that grants or denies, in whole or in part, the relief sought by the |
29 | petitioner. The pretrial order shall be effective upon entry and any payments ordered by it shall be |
30 | paid within fourteen (14) days of the entry of the order. Provided, however, that in the event that |
31 | the retirement board files a claim for trial of the pretrial order entered by the court, the order of the |
32 | court shall be stayed until a final order or decree is entered by the court. If after trial and the entry |
33 | of a final decree the court sustains the findings and orders entered in the pretrial order, the |
34 | retirement board shall reimburse the municipality all benefits paid by it from the time the pretrial |
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1 | order was entered until the time the final decree is entered by the court. Where the matter has been |
2 | heard and decided by the workers’ compensation court, the court shall retain jurisdiction to review |
3 | any prior orders or decrees entered by it. The petitions to review shall be filed directly with the |
4 | workers’ compensation court and shall be subject to the case management and dispute resolution |
5 | procedures set forth in chapters 29 — 38 of title 28 (“Labor and Labor Relations”). |
6 | (k)(l) If the court determines that a member qualifies for accidental disability retirement, |
7 | the member shall receive a retirement allowance equal to sixty-six and two-thirds percent (662/3%) |
8 | of the rate of the member’s compensation at the date of the member’s retirement, subject to the |
9 | provisions of § 45-21-31. |
10 | 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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1 | This act would extend injured-on-duty (IOD) benefits to police officers and firefighters |
2 | that suffer from diagnosed post-traumatic stress disorders, resulting from actions in the course of |
3 | their employment or from the rendering of emergency assistance at any occurrence involving the |
4 | protection or the rescue of human life while off duty except under certain conditions. This act would |
5 | also provide that municipal police officers and firefighters that are unable to perform their duties |
6 | by reason of post-traumatic stress injury (PTSI) would be entitled to receive an accidental disability |
7 | retirement allowance as well as IOD benefits. |
8 | This act would take effect upon passage. |
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