Text of RI HB 7089 (2006)

2006 -- H 7089 SUBSTITUTE A ======= LC01428/SUB A ======= STATE OF RHODE ISLAND IN GENERAL ASSEMBLY JANUARY SESSION, A.D. 2006 ____________ A N A C T RELATING TO TOWNS AND CITIES - RELIEF OF INJURED AND DECEASED FIREFIGHTERS AND POLICE OFFICERS Introduced By: Representatives Ajello, Handy, Anguilla, Jacquard, and Dennigan Date Introduced: February 07, 2006 Referred To: House Finance 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, or fire district of 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 corp 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. The benefit shall be paid as follows: 1-13 (1) if there is no surviving child of such officer, to the surviving spouse or domestic 1-14 partner of such officer; 1-15 (2) if there is a surviving child or children and a surviving spouse or domestic partner, 1-16 one-half (1/2) to the surviving child or children of such officer in equal shares and one-half (1/2) 1-17 to the surviving spouse or domestic partner; 1-18 (3) if there is no surviving spouse or domestic partner, to the child or children of said 2-1 officer in equal shares; 2-2 (4) if there is no surviving spouse, domestic partner, or surviving child, to the individual 2-3 designated by such officer as beneficiary under such officer's most recently executed life 2-4 insurance policy; provided, that such individual survived such officer; or 2-5 (5) if none of the above, to the parent or parents of such officer in equal shares. 2-6 (b) For the purpose of this section, "family" means the surviving spouse of the deceased 2-7 person, if there is no surviving spouse, the child or children of the deceased person, or if there is 2-8 no surviving child, the parent or parents of the deceased person, if the parent or parents were at 2-9 least fifty percent (50%) financially dependent upon the deceased person. 2-10 (b) Domestic partners shall certify by affidavit to the board of police officer's and 2-11 firefighter's relief that the: (1) partners are at least eighteen (18) years of age and mentally 2-12 competent to contract; (2) partners are not married to anyone; (3) partners are not related by blood 2-13 to a degree which would prohibit marriage in the state of Rhode Island; (4) partners reside 2-14 together and have resided together for at least one year; (5) partners are financially interdependent 2-15 as evidenced by at least two (2) of the following: (i) domestic partnership agreement or 2-16 relationship contract; (ii) joint mortgage or joint ownership of primary residence; (iii) two (2) of: 2-17 (A) joint ownership of motor vehicle; (B) joint checking account; (C) joint credit account; (D) 2-18 joint lease; and/or (iv) the domestic partner has been designated as a beneficiary for the 2-19 deceased's will, retirement contract or life insurance. 2-20 SECTION 2. This act shall take effect upon passage. ======= LC01428/SUB A ======== EXPLANATION BY THE LEGISLATIVE COUNCIL OF A N A C T RELATING TO TOWNS AND CITIES - RELIEF OF INJURED AND DECEASED FIREFIGHTERS AND POLICE OFFICERS *** 3-1 This act would provide the order of payment of the death benefit for officers injured in 3-2 the line of duty and would make a domestic partner eligible to receive the benefit. 3-3 This act would take effect upon passage. ======= LC01428/SUB A ======= H7089A