(a) If an active or retired police officer, capitol police officer, correctional officer, firefighter, crash rescue crew person, fire marshal, or deputy fire marshal of any city, town, fire district, or the state of Rhode Island or deputy sheriff or a correctional officer or member of a volunteer auxiliary fire force or volunteer crash rescue or ambulance corps is killed or dies from injuries received while in the performance of his or her duties, there shall be paid a killed-in-line-of-duty benefit to be administered by the board of police officer's and firefighter's relief. The benefit shall be in the sum of forty percent (40%) of the federal death benefits for law enforcement officers and firefighters killed in the line of duty. The benefit shall be paid as follows:
(1) If there is no surviving child of such officer, to the surviving spouse or domestic partner of such officer;
(2) If there is a surviving child or children and a surviving spouse or domestic partner, one-half (½) to the surviving child or children of such officer in equal shares and one-half (½) to the surviving spouse or domestic partner;
(3) If there is no surviving spouse or domestic partner, to the child or children of said officer in equal shares;
(4) If there is no surviving spouse, domestic partner, or surviving child, to the individual designated by such officer as beneficiary under such officer's most recently executed life insurance policy; provided, that such individual survived such officer; or
(5) If none of the above, to the parent or parents of such officer in equal shares.
(b) Domestic partners shall certify by affidavit to the board of police officer's and firefighter's relief that the: (1) partners are at least eighteen (18) years of age and mentally competent to contract; (2) partners are not married to anyone; (3) partners are not related by blood to a degree which would prohibit marriage in the state of Rhode Island; (4) partners reside together and have resided together for at least one year; (5) partners are financially interdependent as evidenced by at 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 has been designated as a beneficiary for the deceased's will, retirement contract or life insurance.
History of Section.
P.L. 2002, ch. 193, § 1; P.L. 2002, ch. 194, § 1; P.L. 2003, ch. 186, § 1; P.L. 2003, ch. 190, § 1; P.L. 2006, ch. 644, § 1; P.L. 2006, ch. 645, § 1; P.L. 2012, ch. 324, § 6.