§ 36-10-14. Retirement for accidental disability.
(a) Medical examination of an active member for accidental disability and investigation of all statements and certificates by him or her or in his or her behalf in connection therewith shall be made upon the application of the head of the department in which the member is employed or upon application of the member, or of a person acting in his or her behalf, stating that the member is physically or mentally incapacitated for the performance of service as a natural and proximate result of an accident while in the performance of duty, and certify the definite time, place, and conditions of the duty performed by the member resulting in the alleged disability, and that the alleged disability is not the result of willful negligence or misconduct on the part of the member, and is not the result of age or length of service, and that the member should, therefore, be retired.
(b) The application shall be made within five (5) years of the alleged accident from which the injury has resulted in the members present disability and shall be accompanied by an accident report and a physicians report certifying to the disability; provided that if the member was able to return to his or her employment and subsequently reinjures or aggravates the same injury, the application shall be made within the later of five (5) years of the alleged accident or three (3) years of the reinjury or aggravation. The application may also state the member is permanently and totally disabled from any employment.
(c) If a medical examination conducted by three (3) physicians engaged by the retirement board and such investigation as the retirement board may desire to make shall show that the member is physically or mentally incapacitated for the performance of service as a natural and proximate result of an accident, while in the performance of duty, and that the disability is not the result of willful negligence or misconduct on the part of the member, and is not the result of age or length of service, and that the member has not attained the age of sixty-five (65), and that the member should be retired, the physicians who conducted the examination shall so certify to the retirement board stating the time, place, and conditions of service performed by the member resulting in the disability and the retirement board may grant the member an accidental disability benefit.
(d) The retirement board shall establish uniform eligibility requirements, standards, and criteria for accidental disability which shall apply to all members who make application for accidental disability benefits.
History of Section.P.L. 1936, ch. 2334, § 9; G.L. 1938, ch. 18, § 9; G.L. 1956, § 36-10-14; P.L. 1966, ch. 110, § 1; P.L. 1980, ch. 56, § 1; P.L. 1986, ch. 499, § 1; P.L. 1987, ch. 521, § 1; P.L. 1992, ch. 306, art. 1, § 7; P.L. 2009, ch. 68, art. 7, § 3.
Structure Rhode Island General Laws
Title 36 - Public Officers and Employees
Chapter 36-10 - Retirement System — Contributions and Benefits
Section 36-10-1. - Member contributions — Deduction from compensation.
Section 36-10-1.1. - Department payment of member contributions.
Section 36-10-2. - State contributions.
Section 36-10-2.1. - Actuarial cost method.
Section 36-10-3. - Credits to individuals in annuity savings account.
Section 36-10-4. - Credits and charges to contingent reserve account.
Section 36-10-6. - Agreements for federal contributions.
Section 36-10-7. - Guaranty by state — Annual appropriations.
Section 36-10-8. - Refund of contributions — Repayment and restoration of credits.
Section 36-10-9. - Retirement on service allowance — In general.
Section 36-10-9.1. - Retirement on service allowance — Legislators.
Section 36-10-9.2. - Retirement on service allowance — Correctional officers.
Section 36-10-9.3. - Retirement on service allowance — Registered nurses.
Section 36-10-9.4. - Post-retirement service as legislator.
Section 36-10-9.5. - Repealed.
Section 36-10-9.6. - Aeronautics inspectors — Retirement.
Section 36-10-9.7. - Electronic funds transfer.
Section 36-10-10. - Amount of service retirement allowance.
Section 36-10-10.1. - Amount of service retirement allowance — Legislators.
Section 36-10-10.2. - Amount of service retirement allowance — Correctional officers.
Section 36-10-10.3. - Social security supplemental option.
Section 36-10-10.4. - Effect of deferral and/or reduction of salary.
Section 36-10-11. - Service allowance to member withdrawing from service before retirement age.
Section 36-10-12. - Retirement for ordinary disability.
Section 36-10-13. - Amount of ordinary disability benefit.
Section 36-10-14. - Retirement for accidental disability.
Section 36-10-15. - Amount of accidental disability benefit.
Section 36-10-16. - Disability benefits pending final decision on application.
Section 36-10-18. - Optional benefits.
Section 36-10-19.1. - Optional annuity protection — In service.
Section 36-10-20. - Accidental death benefits.
Section 36-10-21. - Ordinary death benefit.
Section 36-10-22. - Retention of death benefit coverage by general assembly member not reelected.
Section 36-10-23. - Benefit payable on death after retirement.
Section 36-10-23.1. - Benefit payable on death of retired legislator.
Section 36-10-24. - Person to whom death benefit payable.
Section 36-10-25 - — 36-10-30. Repealed.
Section 36-10-31. - Deduction of amounts received from workers’ compensation or as damages.
Section 36-10-32. - Tax exemption.
Section 36-10-33. - Penalty for fraudulent claim or statement.
Section 36-10-34. - Exemption of benefits and contributions from attachment.
Section 36-10-35. - Additional benefits payable to retired employees.
Section 36-10-35.1. - One time adjustment to original retirement allowances.
Section 36-10-36. - Post-retirement employment.
Section 36-10-36.1. - Post-retirement employment related to COVID-19.
Section 36-10-37. - Retirement benefits for certain general state officers.
Section 36-10-38. - Combined service credits of general state officers.
Section 36-10-39. - Fiscal impact of proposed legislation impacting the retirement system.