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RS285
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It is enacted by the General Assembly as follows

SECTION 1. Sections 16-16-14 and 16-16-16 of the General Laws in Chapter 16-16 entitled "Teachers' Retirement" are hereby amended to read as follows:

16-16-14. Retirement for ordinary disability. -- (a) Application for ordinary disability may be made by a teacher, his or her department head, or a person acting in the teacher's behalf, while in active service or on leave of absence for illness, provided that the teacher has had five (5) or more years of total service of which at least three (3) consecutive years shall have been as a teacher, and the teacher is not entitled to a regular service retirement allowance. A statement from a physician shall accompany the application stating that the teacher is physically or mentally incapacitated for the performance of duty{ADD , that such incapacity is likely to be permanent, ADD} and that he or she should be retired.

(b) A medical examination of the teacher shall be made by three (3) physicians engaged by the retirement board for this purpose, and should the medical examination show that the teacher is physically or mentally incapacitated for the performance of duty {ADD that such incapacity is likely to be permanent, and that he or she ADD} {DEL and DEL} ought to be retired, the physicians shall so report and certify to the retirement board and the retirement board, may retire the teacher for ordinary disability.

(c) The retirement board shall establish uniform eligibility requirements, standards, and criteria for ordinary disability which shall apply to all members who make application for retirement for ordinary disability.

16-16-16. Retirement for accidental disability. -- (a) Medical examination of an active teacher for accidental disability, and investigation of all statements and certificates by him or her or in his or her behalf in connection therewith, shall be made upon the application of the head of the department in which the teacher is employed or upon application of the teacher, or of a person acting in his or her behalf, stating that the teacher is physically or mentally incapacitated for the performance of service as a natural and proximate result of an accident, while in the performance of duty, and certify the definite time, place, and conditions of the duty performed by the teacher resulting in the alleged disability{ADD , that such incapacity is likely to be permanent, ADD} and that the alleged disability is not the result of willful negligence or misconduct on the part of the teacher, and is not the result of age or length of service, and that the teacher should, therefore, be retired.

(b) The application shall be made within five (5) years of the alleged accident from which the injury has resulted in the teacher's present disability, and shall be accompanied by an accident report and a physician's report certifying to the disability; provided, that, if the teacher was able to return to his or her employment and subsequently reinjures or aggravates the same injury, the application shall be made within the later of five (5) years of the alleged accident or three (3) years of the reinjury or aggravation.

(c) If a medical examination conducted by three (3) physicians engaged by the retirement board, and such investigation as the retirement board may desire to make, shall show that the teacher is physically or mentally incapacitated for the performance of service as natural and proximate result of an accident, while in the performance of duty, {ADD that such incapacity is likely to be permanent, ADD} and that the disability is not the result of willful negligence or misconduct on the part of the teacher, and is not the result of age or length of service, and that the teacher has not attained the age of sixty-five (65) years, and that the teacher should be retired, the physicians who conducted the examination shall so certify to the retirement board stating the time, place, and conditions of service performed by the teacher resulting in the disability, and the retirement board may grant the teacher an accidental disability benefit.

(d) The retirement board shall establish uniform eligibility requirements, standards, and criteria for accidental disability which shall apply to all members who make application for accidental disability benefits.

SECTION 2. Sections 36-10-12 and 36-10-14 of the General Laws in Chapter 36-10 entitled "Retirement System - Contributions and Benefits" are hereby amended to read as follows:

36-10-12. Retirement for ordinary disability. -- (a) Application for ordinary disability may be made by a member, his or her department head, or a person acting in the member's behalf, while in active service or on leave of absence for illness, provided that the member has had five (5) or more years of total service of which at least three (3) consecutive years shall have been as an employee of the state or as a teacher as defined in chapter 16 of title 16, and the member is not entitled to a regular service retirement allowance. A statement from a physician shall accompany the application stating that the member is physically or mentally incapacitated for the performance of duty {ADD ,that such incapacity is likely to be permanent ADD} and that he or she should be retired.

(b) A medical examination of the member shall be made by three (3) physicians engaged by the retirement board for this purpose, and should the medical examination show that the member is physically or mentally incapacitated for the performance of duty and ought to be retired, the physicians shall so report and certify to the retirement board and the retirement board, may retire the member for ordinary disability.

(c) The retirement board shall establish uniform eligibility requirement standards and criteria for ordinary disability which shall apply to all members who make application for retirement for ordinary disability.

36-10-14. Retirement for accidental disability. -- (a) Medical examination of an active member for accidental disability, and investigation of all statements and certificates by him or her or in his or her behalf in connection therewith, shall be made upon the application of the head of the department in which the member is employed or upon application of the member, or of a person acting in his or her behalf, stating that the member is physically or mentally incapacitated for the performance of service as a natural and proximate result of an accident, while in the performance of duty, and certify the definite time, place, and conditions of the duty performed by the member resulting in the alleged disability, {ADD that such incapacity is likely to be permanent, ADD} and that the alleged disability is not the result of wilful negligence or misconduct on the part of the member, and is not the result of age or length of service, and that the member should, therefore, be retired.

(b) Such application shall be made within five (5) years of the alleged accident from which the injury has resulted in the members present disability, and shall be accompanied by an accident report and a physicians report certifying to the disability; provided, that, if the member was able to return to his or her employment and subsequently re-injures or aggravates the same injury, the application shall be made within the later of five (5) years of the alleged accident or three (3) years of the re-injury or aggravation.

(c) If a medical examination conducted by three (3) physicians engaged by the retirement board, and such investigation as the retirement board may desire to make, shall show that the member is physically or mentally incapacitated for the performance of service as a natural and proximate result of an accident, while in the performance of duty{ADD , that such incapacity is likely to be permanent ADD} and that the disability is not the result of willful negligence or misconduct on the part of the member, and is not the result of age or length of service, and that the member has not attained the age of sixty-five (65), and that the member should be retired, the physicians who conducted the examination shall so certify to the retirement board stating the time, place, and conditions of service performed by the member resulting in the disability, and the retirement board may grant the member an accidental disability benefit.

(d) The retirement board shall establish uniform eligibility requirements, standards and criteria for accidental disability which shall apply to all members who make application for accidental disability benefits.

SECTION 3. Sections 45-21-19 and 45-21-21 of the General Laws in Chapter 45-21 entitled "Retirement of Municipal Employees" are hereby amended to read as follows:

45-21-19. Retirement for ordinary disability. -- (a) Any member who has had five (5) or more years of total service, may, upon the member's own application or upon application of the employer, or some person acting in the member's behalf, while in active service or on leave of absence for illness, apply for ordinary disability retirement, provided the member is not entitled to a regular service retirement allowance and, provided, that the member shall have at least three (3) consecutive years of service as an employee of a participating municipality within the five (5) years needed to be eligible under this section.

(b) A statement from a physician shall accompany the application stating that the member is physically or mentally incapacitated for the performance of duty {ADD , that such incapacity is likely to be permanent, ADD} and that the member ought to be retired.

(c) A medical examination of the member shall be made by three (3) physicians engaged by the retirement board for this purpose, and should the medical examination show that the member is physically or mentally incapacitated for the performance of duty, {ADD that such incapacity is likely to be permanent, and that he or she ADD} {DEL and DEL} ought to be retired, the physicians shall so report and certify to the retirement board and the retirement board may retire the member for ordinary disability.

(d) The retirement board shall establish uniform eligibility requirement standards and criteria for ordinary disability which shall apply to all members who make application for retirement for ordinary disability.

45-21-21. Retirement for accidental disability. -- (a) Any member in active service, regardless of length of service, shall be entitled to an accidental disability retirement allowance. Application for the allowance shall be made by the member or on the member's behalf, stating that the member is physically or mentally incapacitated for further service as the result of an injury sustained while in the performance of duty and certifying to the time, place, and conditions of the duty performed by the member which resulted in the alleged disability, and that the alleged disability {ADD , that such incapacity is likely to be permanent ADD} and that the alleged disability was not the result of the willful negligence or misconduct on the part of the member, and was not the result of age or length of service, and that the member has not attained the age of sixty-five (65). The application shall be made within five (5) years of the alleged accident from which the injury has resulted in the member's present disability and shall be accompanied by an accident report and a physician's report certifying to the disability. If a medical examination made by three (3) physicians engaged by the retirement board, and other investigations as the board may make, shall confirm the statements made by the member, the board may grant the member an accidental disability retirement allowance.

(b) The retirement board shall establish uniform eligibility requirements, standards and criteria for accidental disability which shall apply to all members who make application for accidental disability benefits.

SECTION 4. Section 45-21.2-9 of the General Laws in Chapter 45-21.2 entitled "Optional Retirement for Members of Police Force and Firefighters" is hereby amended to read as follows:

45-21.2-9. Retirement for accidental disability. -- (a) Any member in active service, regardless of length of service, shall be entitled to an accidental disability retirement allowance. Application for the allowance shall be made by the member or on the member's behalf, stating that the member is physically or mentally incapacitated for further service as the result of an injury sustained while in the performance of duty and certifying to the time, place, and conditions of the duty performed by the member which resulted in the alleged disability {ADD , that such incapacity is likely to be permanent ADD} and that the alleged disability was not the result of the willful negligence or misconduct on the part of the member, and was not the result of age or length of service, and that the member has not attained the age of sixty-five (65). The application shall be made within five (5) years of the alleged accident from which the injury has resulted in the member's present disability and shall be accompanied by an accident report and a physician's report certifying to the disability. If a medical examination made by three (3) physicians engaged by the retirement board, and other investigations as the board may make, shall confirm the statements made by the member, the board may grant the member an accidental disability retirement allowance.

(b) Any firefighter including one employed by the state, or a municipal firefighter employed by a municipality that participates in the optional retirement for police officer and firefighter as provided in this chapter, who is unable to perform his or her duties in the fire department by reason of a disabling occupational cancer which develops or manifests itself during a period while the firefighter is in the service of the department, and any retired member of the fire force of any city or town who develops occupational cancer shall be entitled to receive an occupational cancer disability and he or she shall be entitled to all of the benefits provided for in this chapter, chapters 19, 19.1 and 21 of this title and chapter 10 of title 36 if the firefighter is employed by the state.

(c) "Occupational cancer" as used in this section means a cancer arising out of his or her employment as a firefighter, due to injury due to exposures to smoke, fumes or carcinogenic, poisonous, toxic, or chemical substances while in the performance of active duty in the fire department.

SECTION 5. Severability. If any provision of this act or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the act, which can be given effect without the invalid provision or application, and to this end the provisions of this act are declared to be severable.

SECTION 6. This act shall take effect upon passage.

This act would require that a disability likely be permanent for the state board to grant a disability pension.

This act would take effect upon passage.