Text of RI SB 2370 (2004)

2004 -- S 2370 ======= LC01788 ======= STATE OF RHODE ISLAND IN GENERAL ASSEMBLY JANUARY SESSION, A.D. 2004 ____________ A N A C T RELATING TO TOWNS AND CITIES - RELIEF OF INJURED AND DECEASED FIREFIGHTERS AND POLICE OFFICERS Introduced By: Senators Perry, Roberts, Connors, Ciccone, and Gallo Date Introduced: February 11, 2004 Referred To: Senate 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. 1-13 (b) For the purpose of this section, "family" means the surviving spouse, or domestic 1-14 partner of the deceased person, if there is no surviving spouse, or domestic partner, the child or 1-15 children of the deceased person, or if there is no surviving child, the parent or parents of the 1-16 deceased person, if the parent or parents were at least fifty percent (50%) financially dependent 1-17 upon the deceased person. 2-1 (c) Domestic partners shall certify by affidavit to the board of police officer's and 2-2 firefighter's relief that the: (1) partners are at least eighteen (18) years of age and mentally 2-3 competent to contract; (2) partners are not married to anyone; (3) partners are not related by blood 2-4 to a degree which would prohibit marriage in the state of Rhode Island; (4) partners reside 2-5 together and have resided together for at least one year; (5) partners are financially interdependent 2-6 as evidenced by at least two (2) of the following: (i) domestic partnership agreement or 2-7 relationship contract; (ii) joint mortgage or joint ownership of primary residence; (iii) two (2) of: 2-8 (A) joint ownership of motor vehicle; (B) joint checking account; (C) joint credit account; (D) 2-9 joint lease; and/or (iv) the domestic partner has been designated as a beneficiary for the 2-10 deceased's will, retirement contract or life insurance. 2-11 SECTION 2. This act shall take effect upon passage. ======= LC01788 ======= 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 that a surviving domestic partner of a deceased police officer, 3-2 correctional officer or firefighter would be included in the definition of the word “family” for 3-3 purposes of this section and thus would be entitled to a one-time death benefit, and would further 3-4 define a domestic partner for purposes of this act. 3-5 This act would take effect upon passage. ======= LC01788 ======= S2370