Rhode Island General Laws 45-21-25. Accidental death benefits
Upon the accidental death of a member before retirement; provided, that evidence is submitted to the retirement board proving that the death of the member was the natural and proximate result of an accident while in the performance of duty at some definite time and place, and that the death was not the result of willful negligence on the member’s part, the member’s accumulated contributions shall be paid to the member’s estate, or to the person having an insurable interest in the member’s life that the member has nominated by written designation, duly executed and filed with the retirement board, and, upon application by or on behalf of the dependents of the deceased member, the retirement board shall grant a benefit equal to one-half (½) the rate of compensation of the member in effect at the date of death:
(1) To his or her widow or widower or domestic partner, to continue for life unless he or she remarries or enters into a domestic partnership; or
(2) If there is no widow or widower or domestic partner, or if the widow or widower or domestic partner dies or remarries or enters into a domestic partnership before any child of the deceased member has attained the age of eighteen (18) years, then to his or her child or children under that age, divided in any manner that the retirement board in its discretion determines, to continue as a joint and survivor annuity of one-half (½) of that compensation until every child dies or attains that age; or
(3) If there is no widow, widower, or domestic partner or child under the age of eighteen (18) years surviving the deceased member, then to his or her dependent father or mother, as the deceased member has nominated by written designation, duly acknowledged and filed with the retirement board; or if there is no nomination, then to his or her dependent father or to his or her dependent mother, as the retirement board in its discretion directs, to continue for life.
History of Section.
P.L. 1951, ch. 2784, § 8; G.L. 1956, § 45-21-25; R.P.L. 1957, ch. 135, § 2; P.L. 1959, ch. 23, § 4; P.L. 1984, ch. 42, § 1; P.L. 2007, ch. 510, § 16.
Terms Used In Rhode Island General Laws 45-21-25
- Accumulated contributions: means the sum of all amounts deducted from the compensation of a member and credited to his or her individual account in the members' contribution reserve account. See Rhode Island General Laws 45-21-2
- board: means the state retirement board created by chapter 8 of Title 36. See Rhode Island General Laws 45-21-2
- Dependent: A person dependent for support upon another.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Member: means any person included in the membership of the retirement system as provided in §?45-21-8. See Rhode Island General Laws 45-21-2
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- person: may be construed to extend to and include co-partnerships and bodies corporate and politic. See Rhode Island General Laws 43-3-6