§ 42-28-21. Injury and death benefits.
(a) If any member of the division whose service is terminated on or after January 1, 1960,
shall have in the course of performance of the member's duties suffered injury causing
disability or causing death, that member or the member's surviving dependent relatives,
whose dependence shall be determined from time to time by the superintendent subject
to confirmation by the governor, shall be entitled to an annual pension of seventy-five
percent (75%) of the annual salary paid to that member at the time of the member's
termination of service by reason of injury or death. In the event that the member
thus disabled or killed in the performance of the member's official duties is the
superintendent, then confirmation and determination provided by this section shall
be made by the governor. The provisions of chapters 29 — 38, inclusive, of title 28,
shall not apply to members of the division.
(b) Upon the death of a member due to any cause other than that incurred while in the
course of performance of the member's duties, occurring while in service or after
retirement, if that member shall have rendered at least ten (10) years of service
as a member of the Rhode Island state police, the member's surviving widow or domestic
partner shall be entitled to a pension equal to two percent (2%) of the member's last
annual salary as determined by the provision of § 42-28-22 as amended herein for each year of service as a member of the state police, subject
to a minimum pension of twenty-five percent (25%) of salary, and subject to the following
conditions:
(1) The widow or widower or domestic partner shall have been married to or a domestic
partner of the member at least one year on the date of death of the member or on the
date of retirement, whichever first occurs, and in any event while the member was
in active service;
(2) The widow or widower or domestic partner shall be at least forty (40) years of age,
otherwise payment of the annuity shall be deferred until the widow or widower or domestic
partner attains such age;
(3) The annuity shall terminate in any event when the widow or widower or domestic partner
remarries or enters into a domestic partnership or dies.
(c) If a widow or widower or domestic partner shall have minor children in their care,
payment of the annuity shall commence immediately regardless of whether the widow
or widower or domestic partner shall have attained age forty (40) years or not. In
such a case, the payment to the widow or widower or domestic partner shall be increased
one-third (â…“) on account of each minor child, provided that the maximum payment shall
be fifty percent (50%) of annual salary.
(d) Allowances on account of minor children shall terminate upon their attainment of age
eighteen (18) and if unemancipated and a full-time student to age twenty-two (22)
years, death, or marriage, whichever first occurs. In the event a widow or widower
or domestic partner remarries or enters into a domestic partnership or dies, payment
on account of minor children shall be increased to twice the amounts previously payable
on account of the children, subject to a combined payment to all children equal to
fifty percent (50%) of the final salary of the member.
(e) For purposes of this chapter, "domestic partner� shall be defined as a person who,
prior to the decedent's death, was in an exclusive, intimate, and committed relationship
with the decedent, and who certifies by affidavit that their relationship met the
following qualifications:
(1) Both partners were at least eighteen (18) years of age and were mentally competent
to contract;
(2) Neither partner was married to anyone else;
(3) Partners were not related by blood to a degree that would prohibit marriage in the
state of Rhode Island;
(4) Partners resided together and had resided together for at least one year at the time
of death; and
(5) Partners were 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 had been designated as a beneficiary for the decedent's will,
retirement contract, or life insurance.
(f) Effective July 1, 2012, any reference in this section to "salary� or "annual salary�
shall be changed to "average compensationâ€� as defined in § 36-8-1(5)(a).