State Codes and Statutes

Statutes > Rhode-island > Title-45 > Chapter-45-19 > 45-19-4

SECTION 45-19-4

   § 45-19-4  Annuities to dependents ofdeceased police officers and appropriations to nondependent parents of policeofficers. – (a) If an active or retired member of the police force of a city or town iskilled or dies from injuries received while in the performance of his or herduty as a member, or dies of a heart condition or any condition derived fromhypertension while still a member, there shall be paid out of the policeofficer's relief fund of Rhode Island to the following dependents of thedeceased person, the following sums of money:

   (1) To the widow or widower or domestic partner an annuitynot exceeding three thousand six hundred dollars ($3,600) a year, payable inthe number of regular installments determined by the board and continuing aslong as he or she remains unmarried or not in a domestic partnership andcommencing with the date of death but not more than six (6) months prior to thedate of filing of the petition by the widow or widower or domestic partner;provided, that if the member died more than six (6) months prior to the filingof the petition then the payments are to commence no sooner than six (6) monthsprior to the date of petition;

   (2) An additional annuity of twelve hundred dollars ($1,200)a year, payable in the number of regular installments determined by the board,for each child of the deceased person during the time that the child is underthe age of eighteen (18) years, or over the age and physically or mentallyincapacitated from earning. If there is any child and no widow or widower ordomestic partner or the widow or widower or domestic partner dies later, thesum and the annuity that would have been payable to the widow or widower ordomestic partner had there been one or had he or she lived, to or for thebenefit of the child or of the children, in equal shares, during the timepreviously stated;

   (3) If there is any child and the widow or widower ordomestic partner remarries or enters in a domestic partnership, in lieu of thepreviously stated annuity to him or her, an annuity not exceeding twelvehundred dollars ($1,200) to or for the benefit of each child during the timepreviously stated;

   (4) If there is no widow or widower or domestic partner andno child the total sum of ten thousand dollars ($10,000) payable in a lump sumfor the benefit of the father and/or mother of the deceased, if not dependentupon him or her for support at the time of his or her death; and

   (5) If there is no widow or widower or domestic partner andno child, the sum of three thousand six hundred dollars ($3,600) payable inregular installments by the board of police officer's relief to or for thebenefit of the father or mother of the deceased, if dependent upon him or herfor support at the time of his or her death, and commencing with the date ofdeath but not more than six (6) months prior to the date of filing thepetition;provided, that if the member died more than six (6) months prior tothe filing of the petition then the payments are to commence no sooner than six(6) months prior to the date of the petition and continuing so long as thebeneficiary is unable to support himself or herself and does not remarry orenter into a domestic partnership, an annuity not exceeding three thousand sixhundred dollars ($3,600) a year, payable in regular installments determined bythe board. The amount of the annuity shall, from time to time, be determinedwithin the limits previously stated by the board.

   (b) For the purpose of this section the words "policeofficer" mean and include any active or retired member of the state police orthe police of any city or town regularly employed at a fixed salary or wage.

   (c) The provisions of this section apply in the case of anydependent receiving benefits in accordance with the provisions of this sectionas it was in effect prior to April 25, 1960.

   (d) The provisions of this section apply in the case of anyactive or retired police officer who from and after January 1, 1935, was killedor died from injuries received while in the performance of duty, or dies of aheart condition or any condition derived from hypertension.

   (e) The amount of the annuity shall not be reduced by reasonof receipt of an annuity and/or other payments to any beneficiaries from anyother source.

   (f) Upon the death of a member, the police chief shallimmediately notify the widow or widower or domestic partner of the member byregistered or certified mail, return receipt requested, of the widow orwidower's or domestic partner's possible eligibility for benefits under thischapter and the time restriction for filing a claim for these benefits.

   (g) For purposes of this chapter, "domestic partner" shall bedefined as a person who, prior to the decedent's death, was in an exclusive,intimate and committed relationship with the decedent, and who certifies byaffidavit that their relationship met the following qualifications:

   (1) Both partners were at least eighteen (18) years of ageand were mentally competent to contract;

   (2) Neither partner was married to anyone else;

   (3) Partners were not related by blood to a degree whichwould prohibit marriage in the state of Rhode Island;

   (4) Partners resided together and had resided together for atleast one year at the time of death; and

   (5) Partners were financially interdependent as evidenced byat least two (2) of the following:

   (i) Domestic partnership agreement or relationship contract;

   (ii) Joint mortgage or joint ownership of primary residence;

   (iii) Two (2) of: (A) joint ownership of motor vehicle; (B)joint checking account; (C) joint credit account; (D) joint lease; and/or

   (iv) The domestic partner had been designated as abeneficiary for the decedent's will, retirement contract or life insurance.

State Codes and Statutes

Statutes > Rhode-island > Title-45 > Chapter-45-19 > 45-19-4

SECTION 45-19-4

   § 45-19-4  Annuities to dependents ofdeceased police officers and appropriations to nondependent parents of policeofficers. – (a) If an active or retired member of the police force of a city or town iskilled or dies from injuries received while in the performance of his or herduty as a member, or dies of a heart condition or any condition derived fromhypertension while still a member, there shall be paid out of the policeofficer's relief fund of Rhode Island to the following dependents of thedeceased person, the following sums of money:

   (1) To the widow or widower or domestic partner an annuitynot exceeding three thousand six hundred dollars ($3,600) a year, payable inthe number of regular installments determined by the board and continuing aslong as he or she remains unmarried or not in a domestic partnership andcommencing with the date of death but not more than six (6) months prior to thedate of filing of the petition by the widow or widower or domestic partner;provided, that if the member died more than six (6) months prior to the filingof the petition then the payments are to commence no sooner than six (6) monthsprior to the date of petition;

   (2) An additional annuity of twelve hundred dollars ($1,200)a year, payable in the number of regular installments determined by the board,for each child of the deceased person during the time that the child is underthe age of eighteen (18) years, or over the age and physically or mentallyincapacitated from earning. If there is any child and no widow or widower ordomestic partner or the widow or widower or domestic partner dies later, thesum and the annuity that would have been payable to the widow or widower ordomestic partner had there been one or had he or she lived, to or for thebenefit of the child or of the children, in equal shares, during the timepreviously stated;

   (3) If there is any child and the widow or widower ordomestic partner remarries or enters in a domestic partnership, in lieu of thepreviously stated annuity to him or her, an annuity not exceeding twelvehundred dollars ($1,200) to or for the benefit of each child during the timepreviously stated;

   (4) If there is no widow or widower or domestic partner andno child the total sum of ten thousand dollars ($10,000) payable in a lump sumfor the benefit of the father and/or mother of the deceased, if not dependentupon him or her for support at the time of his or her death; and

   (5) If there is no widow or widower or domestic partner andno child, the sum of three thousand six hundred dollars ($3,600) payable inregular installments by the board of police officer's relief to or for thebenefit of the father or mother of the deceased, if dependent upon him or herfor support at the time of his or her death, and commencing with the date ofdeath but not more than six (6) months prior to the date of filing thepetition;provided, that if the member died more than six (6) months prior tothe filing of the petition then the payments are to commence no sooner than six(6) months prior to the date of the petition and continuing so long as thebeneficiary is unable to support himself or herself and does not remarry orenter into a domestic partnership, an annuity not exceeding three thousand sixhundred dollars ($3,600) a year, payable in regular installments determined bythe board. The amount of the annuity shall, from time to time, be determinedwithin the limits previously stated by the board.

   (b) For the purpose of this section the words "policeofficer" mean and include any active or retired member of the state police orthe police of any city or town regularly employed at a fixed salary or wage.

   (c) The provisions of this section apply in the case of anydependent receiving benefits in accordance with the provisions of this sectionas it was in effect prior to April 25, 1960.

   (d) The provisions of this section apply in the case of anyactive or retired police officer who from and after January 1, 1935, was killedor died from injuries received while in the performance of duty, or dies of aheart condition or any condition derived from hypertension.

   (e) The amount of the annuity shall not be reduced by reasonof receipt of an annuity and/or other payments to any beneficiaries from anyother source.

   (f) Upon the death of a member, the police chief shallimmediately notify the widow or widower or domestic partner of the member byregistered or certified mail, return receipt requested, of the widow orwidower's or domestic partner's possible eligibility for benefits under thischapter and the time restriction for filing a claim for these benefits.

   (g) For purposes of this chapter, "domestic partner" shall bedefined as a person who, prior to the decedent's death, was in an exclusive,intimate and committed relationship with the decedent, and who certifies byaffidavit that their relationship met the following qualifications:

   (1) Both partners were at least eighteen (18) years of ageand were mentally competent to contract;

   (2) Neither partner was married to anyone else;

   (3) Partners were not related by blood to a degree whichwould prohibit marriage in the state of Rhode Island;

   (4) Partners resided together and had resided together for atleast one year at the time of death; and

   (5) Partners were financially interdependent as evidenced byat least two (2) of the following:

   (i) Domestic partnership agreement or relationship contract;

   (ii) Joint mortgage or joint ownership of primary residence;

   (iii) Two (2) of: (A) joint ownership of motor vehicle; (B)joint checking account; (C) joint credit account; (D) joint lease; and/or

   (iv) The domestic partner had been designated as abeneficiary for the decedent's will, retirement contract or life insurance.


State Codes and Statutes

State Codes and Statutes

Statutes > Rhode-island > Title-45 > Chapter-45-19 > 45-19-4

SECTION 45-19-4

   § 45-19-4  Annuities to dependents ofdeceased police officers and appropriations to nondependent parents of policeofficers. – (a) If an active or retired member of the police force of a city or town iskilled or dies from injuries received while in the performance of his or herduty as a member, or dies of a heart condition or any condition derived fromhypertension while still a member, there shall be paid out of the policeofficer's relief fund of Rhode Island to the following dependents of thedeceased person, the following sums of money:

   (1) To the widow or widower or domestic partner an annuitynot exceeding three thousand six hundred dollars ($3,600) a year, payable inthe number of regular installments determined by the board and continuing aslong as he or she remains unmarried or not in a domestic partnership andcommencing with the date of death but not more than six (6) months prior to thedate of filing of the petition by the widow or widower or domestic partner;provided, that if the member died more than six (6) months prior to the filingof the petition then the payments are to commence no sooner than six (6) monthsprior to the date of petition;

   (2) An additional annuity of twelve hundred dollars ($1,200)a year, payable in the number of regular installments determined by the board,for each child of the deceased person during the time that the child is underthe age of eighteen (18) years, or over the age and physically or mentallyincapacitated from earning. If there is any child and no widow or widower ordomestic partner or the widow or widower or domestic partner dies later, thesum and the annuity that would have been payable to the widow or widower ordomestic partner had there been one or had he or she lived, to or for thebenefit of the child or of the children, in equal shares, during the timepreviously stated;

   (3) If there is any child and the widow or widower ordomestic partner remarries or enters in a domestic partnership, in lieu of thepreviously stated annuity to him or her, an annuity not exceeding twelvehundred dollars ($1,200) to or for the benefit of each child during the timepreviously stated;

   (4) If there is no widow or widower or domestic partner andno child the total sum of ten thousand dollars ($10,000) payable in a lump sumfor the benefit of the father and/or mother of the deceased, if not dependentupon him or her for support at the time of his or her death; and

   (5) If there is no widow or widower or domestic partner andno child, the sum of three thousand six hundred dollars ($3,600) payable inregular installments by the board of police officer's relief to or for thebenefit of the father or mother of the deceased, if dependent upon him or herfor support at the time of his or her death, and commencing with the date ofdeath but not more than six (6) months prior to the date of filing thepetition;provided, that if the member died more than six (6) months prior tothe filing of the petition then the payments are to commence no sooner than six(6) months prior to the date of the petition and continuing so long as thebeneficiary is unable to support himself or herself and does not remarry orenter into a domestic partnership, an annuity not exceeding three thousand sixhundred dollars ($3,600) a year, payable in regular installments determined bythe board. The amount of the annuity shall, from time to time, be determinedwithin the limits previously stated by the board.

   (b) For the purpose of this section the words "policeofficer" mean and include any active or retired member of the state police orthe police of any city or town regularly employed at a fixed salary or wage.

   (c) The provisions of this section apply in the case of anydependent receiving benefits in accordance with the provisions of this sectionas it was in effect prior to April 25, 1960.

   (d) The provisions of this section apply in the case of anyactive or retired police officer who from and after January 1, 1935, was killedor died from injuries received while in the performance of duty, or dies of aheart condition or any condition derived from hypertension.

   (e) The amount of the annuity shall not be reduced by reasonof receipt of an annuity and/or other payments to any beneficiaries from anyother source.

   (f) Upon the death of a member, the police chief shallimmediately notify the widow or widower or domestic partner of the member byregistered or certified mail, return receipt requested, of the widow orwidower's or domestic partner's possible eligibility for benefits under thischapter and the time restriction for filing a claim for these benefits.

   (g) For purposes of this chapter, "domestic partner" shall bedefined as a person who, prior to the decedent's death, was in an exclusive,intimate and committed relationship with the decedent, and who certifies byaffidavit that their relationship met the following qualifications:

   (1) Both partners were at least eighteen (18) years of ageand were mentally competent to contract;

   (2) Neither partner was married to anyone else;

   (3) Partners were not related by blood to a degree whichwould prohibit marriage in the state of Rhode Island;

   (4) Partners resided together and had resided together for atleast one year at the time of death; and

   (5) Partners were financially interdependent as evidenced byat least two (2) of the following:

   (i) Domestic partnership agreement or relationship contract;

   (ii) Joint mortgage or joint ownership of primary residence;

   (iii) Two (2) of: (A) joint ownership of motor vehicle; (B)joint checking account; (C) joint credit account; (D) joint lease; and/or

   (iv) The domestic partner had been designated as abeneficiary for the decedent's will, retirement contract or life insurance.