2025 -- H 5701

========

LC001606

========

     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2025

____________

A N   A C T

RELATING TO TOWNS AND CITIES -- CANCER BENEFITS FOR FIRE FIGHTERS

     

     Introduced By: Representatives Edwards, Casey, Diaz, Kennedy, Casimiro, Bennett,
Ackerman, McEntee, Fogarty, and Shanley

     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.

 

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.

========

LC001606

========

 

LC001606 - Page 2 of 3

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO TOWNS AND CITIES -- CANCER BENEFITS FOR FIRE FIGHTERS

***

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.

========

LC001606

========

 

LC001606 - Page 3 of 3