Text of RI H 5707 (2005)

2005 -- H 5707 ======= LC01324 ======= STATE OF RHODE ISLAND IN GENERAL ASSEMBLY JANUARY SESSION, A.D. 2005 ____________ A N A C T RELATING TO TOWNS AND CITIES Introduced By: Representatives Ajello, Handy, Almeida, Diaz, and E Coderre Date Introduced: February 17, 2005 Referred To: House Judiciary It is enacted by the General Assembly as follows: 1-1 SECTION 1. Section 45-19-4.3 of the General Laws in Chapter 45-19 entitled "Relief of 1-2 Injured and Deceased Fire Fighters and Police Officers" is hereby amended to read as follows: 1-3 45-19-4.3. One time death benefit -- Death benefits to family of deceased police 1-4 officers, correctional officers, and firefighters. -- (a) If an active or retired police officer, 1-5 capitol police officer, correctional officer, firefighter, crash rescue crew person, fire marshal, or 1-6 deputy fire marshal of any city, town, fire district, or the state of Rhode Island or state sheriff or 1-7 state deputy sheriff or a correctional officer or member of a volunteer auxiliary fire force or 1-8 volunteer crash rescue or ambulance corps is killed or dies from injuries received while in the 1-9 performance of his or her duties, there shall be paid a killed-in-line-of-duty benefit to be 1-10 administered by the board of police officer's and firefighter's relief. The benefit shall be in the 1-11 sum of forty percent (40%) of the federal death benefits for law enforcement officers and 1-12 firefighters killed in the line of duty. 1-13 (b) For the purpose of this section, "family" means the surviving spouse of the deceased 1-14 person, if there is no surviving spouse, the child or children of the deceased person, or if there is 1-15 no surviving child, the parent or parents of the deceased person, if the parent or parents were at 1-16 least fifty percent (50%) financially dependent upon the deceased person. 1-17 (c) For the purpose of this section, “domestic partner” means: 1-18 (1) a person who, prior to the decedent’s death, had entered into a marriage, civil union or 1-19 legally equivalent relationship with the decedent in any jurisdiction, or 2-1 (2) a person who had shared an exclusive, intimate and committed relationship of mutual 2-2 caring with the decedent, and either: 2-3 (A) the decedent, prior to his or her death, certified by affidavit to the board of police 2-4 officer’s and firefighter’s relief that he or she and his or her partner: 2-5 (i) are at least eighteen (18) years of age and mentally competent to contract; 2-6 (ii) are not married to anyone; 2-7 (iii) are not related by blood to a degree that would prohibit marriage in the state of 2-8 Rhode Island; 2-9 (iv) reside together and have resided together for at least one (1) year; and 2-10 (v) are financially interdependent as evidenced by at least two (2) of the following: 2-11 (a) domestic partnership agreement or relationship contract; 2-12 (b) joint mortgage or joint ownership of primary residence; 2-13 (c) two (2) of: (1) joint ownership of motor vehicle; (2) joint checking account; (3) joint 2-14 credit account; (4) joint lease; and/or 2-15 (d) the domestic partner had been designated as a beneficiary for the decedent’s will, 2-16 retirement contract or life insurance. 2-17 SECTION 2. This act shall take effect upon passage. ======= LC01324 ======== EXPLANATION BY THE LEGISLATIVE COUNCIL OF A N A C T RELATING TO TOWNS AND CITIES *** 3-1 This act would add new language to describe domestic partners to be eligible to collect a 3-2 death benefit. 3-3 This act would take effect upon passage. ======= LC01324 ======= H5707