§ 45-19-12 - Annuities to dependents of deceased fire fighters and appropriations to nondependent parents of deceased fire fighters.
SECTION 45-19-12
§ 45-19-12 Annuities to dependents ofdeceased fire fighters and appropriations to nondependent parents of deceasedfire fighters. – (a) If an active or retired member of the fire force of a city or town or firefighter for the town of North Smithfield is killed or dies from injuriesreceived while in the performance of his or her duty as a member or dies of aheart condition, respiratory ailments, or any condition derived fromhypertension while still a member, there shall be paid out of the firefighter'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;
(2) An additional annuity of one thousand two hundred dollars($1,200) a year, payable in the number of regular installments determined bythe board, for each child of the deceased person during the time that the childis under the age of eighteen (18) years, or over the age and physically ormentally incapacitated from earning;
(3) If there is no widow or widower or domestic partner andno child, the total sum of ten thousand dollars ($10,000), payable in a lumpsum for the benefit of the father and/or mother of the deceased, if notdependent upon him or her for support at the time of his or her death;
(4) If there is any child and no widow or widower or domesticpartner or the widow or widower or domestic partner dies later, the sum and theannuity that should have been payable to the widow or widower or domesticpartner had there been one or had he or she lived, to or for the benefit of thechild or of the children, in equal shares during the previously stated time;
(5) If there is any child, and the widow or widower ordomestic partner remarries or enters into a domestic partnership, in lieu ofthe previously stated annuity to him or her, an annuity not exceeding onethousand two hundred dollars ($1,200) to or for the benefit of each childduring the time previously stated; and
(6) 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 fire fighter'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 of thepetition and continuing so long as the beneficiary is unable to support himselfor herself and does not remarry or enter into a domestic partnership, anannuity not exceeding three thousand six hundred dollars ($3,600) a year,payable in the number of regular installments determined by the board.
(b) The amount of the annuity shall, from time to time, bedetermined within the limits previously stated by the board.
(c) The provisions of this section shall in the case of anyactive or retired member of the fire force of any city or town or fire fighterfor the town of North Smithfield who, from and after January 1, 1935, is killedor dies from injuries received while in the performance of his or her duty, ordies of a heart condition, respiratory ailments, or any condition derived fromhypertension. The provisions of this section shall only be construed to applyprospectively.
(d) The amount of the annuity shall not be reduced by reasonof receipt of any annuity and/or other payments to any beneficiary from anyother source.
(e) Upon the death of a member, the fire chief shallimmediately notify the widow or widower or domestic partner of the member, inwriting, by registered or certified mail, return receipt requested, of thewidow or widower's or domestic partner's possible eligibility for benefitsunder this chapter and the time restriction for filing a claim for the benefits.