2025 -- S 0458 SUBSTITUTE A

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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

     Introduced By: Senators Ciccone, Tikoian, and Urso

     Date Introduced: February 26, 2025

     Referred To: Senate Finance

     It is enacted by the General Assembly as follows:

     SECTION 1. Sections 45-19.1-3 and 45-19.1-4 of the General Laws in Chapter 45-19.1

entitled "Cancer Benefits for Fire Fighters" are hereby amended to read as follows:

     45-19.1-3. Occupational cancer disability for fire fighters.

     (a) Any fire fighter, including one employed by the state, or a municipal fire fighter

employed by a municipality that participates in the optional retirement for police officers and fire

fighters, as provided in chapter 21.2 of this title, 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 fire fighter is in the service of the department, and any retired member of

the fire department of any city or town who develops occupational cancer, is entitled to receive an

occupational cancer disability, and he or she is entitled to all of the benefits provided for in chapters

19, 21 and 21.2 of this title and chapter 10 of title 36 if the fire fighter is employed by the state.

     (b) The provisions of this section apply retroactively in the case of any retired member of

the fire department of any city or town.

     (c) The provisions of this section shall apply to all fire fighters employed by any

municipality notwithstanding contrary provisions of any special statute or public law pertaining to

municipal pension benefits, any municipal charter, and/or any municipal ordinance.

     45-19.1-4. Conclusive presumption.

     (a) Any type of cancer found in a firefighter is conclusively presumed to be an occupational

cancer as that term is defined in § 45-19.1-2.

     (b) This conclusive presumption shall not apply to firefighters hired after July 22, 2020, in

the following situations:

     (1) If a physical examination was conducted at the time the firefighter was hired and the

examination revealed that person had cancer; or

     (2) If the firefighter has completed less than two (2) years of employment with his or her

fire department; or

     (3) If the firefighter has regularly or habitually used tobacco products during the five (5)

years prior to any diagnosis of cancer.

     (c) The provisions of this section shall apply retroactively to all cancer-related illnesses,

injuries, and disability claims pending on or after July 22, 2020.

     (d) The provisions of this section shall apply to all firefighters employed by any

municipality notwithstanding contrary provisions of any special statute or public law pertaining to

municipal pension benefits, any municipal charter, and/or any municipal ordinance.

     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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     This act would make the provisions of §§ 45-19.1-3 and 45-19.1-4, benefits for fire fighters

with cancer, effective regardless of any general, special or specific law, or any charter and/or

municipal ordinance to the contrary.

     This act would take effect upon passage.

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