§ 45-21-31 — § 45-21-31. Offset of workers' compensation or personal injury recovery.

§ 45-21-31. Offset of workers' compensation or personal injury recovery.

Any amounts paid or payable under the provisions of any workers' compensation law, exclusive of Medicare set aside allocation, specific compensation benefits or any benefits due pursuant to the terms of a collective bargaining agreement or as the result of any action for damages for personal injuries against the municipality by which the member was employed, on account of death or disability of a member occurring while in the performance of duty, are offset against and payable in lieu of any benefits payable out of funds provided by the municipality under the provisions of this chapter on account of the death or disability of the member. If the value of the total commuted benefits under any workers' compensation law or action is less than the actuarial reserve on the benefits otherwise payable from funds provided by the municipality under this chapter, the value of the commuted payments is deducted from the actuarial reserve, and the benefits that may be provided by the actuarial reserve so reduced are payable under the provisions of this chapter.

Legislative History

P.L. 1951, ch. 2784, § 10; G.L. 1956, § 45-21-31; P.L. 2010, ch. 95, § 6; P.L. 2010, ch. 121, § 6.