2025 -- H 5701 | |
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LC001606 | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2025 | |
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A N A C T | |
RELATING TO TOWNS AND CITIES -- CANCER BENEFITS FOR FIRE FIGHTERS | |
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Introduced By: Representatives Edwards, Casey, Diaz, Kennedy, Casimiro, Bennett, | |
Date Introduced: February 26, 2025 | |
Referred To: House Municipal Government & Housing | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Sections 45-19.1-3 and 45-19.1-4 of the General Laws in Chapter 45-19.1 |
2 | entitled "Cancer Benefits for Fire Fighters" are hereby amended to read as follows: |
3 | 45-19.1-3. Occupational cancer disability for fire fighters. |
4 | (a) Any Notwithstanding the provisions of any general, special or specific law, or any |
5 | charter and/or municipal ordinance to the contrary, any fire fighter, including one employed by the |
6 | state, or a municipal fire fighter employed by a municipality that participates in the optional |
7 | retirement for police officers and fire fighters, as provided in chapter 21.2 of this title, who is unable |
8 | to perform his or her duties in the fire department by reason of a disabling occupational cancer |
9 | which develops or manifests itself during a period while the fire fighter is in the service of the |
10 | department, and any retired member of the fire department of any city or town who develops |
11 | occupational cancer, is entitled to receive an occupational cancer disability, and he or she is entitled |
12 | to all of the benefits provided for in chapters 19, 21 and 21.2 of this title and chapter 10 of title 36 |
13 | if the fire fighter is employed by the state. |
14 | (b) The provisions of this section apply retroactively in the case of any retired member of |
15 | the fire department of any city or town. |
16 | 45-19.1-4. Conclusive presumption. |
17 | (a) Any Notwithstanding the provisions of any general, special or specific law, or any |
18 | charter and/or municipal ordinance to the contrary, any type of cancer found in a firefighter is |
19 | conclusively presumed to be an occupational cancer as that term is defined in § 45-19.1-2. |
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1 | (b) This conclusive presumption shall not apply to firefighters hired after July 22, 2020, in |
2 | the following situations: |
3 | (1) If a physical examination was conducted at the time the firefighter was hired and the |
4 | examination revealed that person had cancer; or |
5 | (2) If the firefighter has completed less than two (2) years of employment with his or her |
6 | fire department; or |
7 | (3) If the firefighter has regularly or habitually used tobacco products during the five (5) |
8 | years prior to any diagnosis of cancer. |
9 | (c) The provisions of this section shall apply retroactively to all cancer-related illnesses, |
10 | injuries, and disability claims pending on or after July 22, 2020. |
11 | SECTION 2. 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 -- CANCER BENEFITS FOR FIRE FIGHTERS | |
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1 | This act would make the provisions of §§ 45-19.1-3 and 45-19.1-4, benefits for fire fighters |
2 | with cancer, effective regardless of any general, special or specific law, or any charter and/or |
3 | municipal ordinance to the contrary. |
4 | This act would take effect upon passage. |
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