§ 16-16-16 - Retirement for accidental disability. - Rhode Island Statutes

SECTION 16-16-16

   § 16-16-16  Retirement for accidentaldisability. – (a) Medical examination of an active teacher for accidental disability, andinvestigation of all statements and certificates by him or her or in his or herbehalf in connection with the accidental disability, shall be made upon theapplication of the head of the department in which the teacher is employed orupon application of the teacher, or of a person acting in his or her behalf,stating that the teacher is physically or mentally incapacitated for theperformance of service as a natural and proximate result of an accident, whilein the performance of duty, and certify the definite time, place, andconditions of the duty performed by the teacher resulting in the allegeddisability, and that the alleged disability is not the result of willfulnegligence or misconduct on the part of the teacher, and is not the result ofage or length of service, and that the teacher should, therefore, be retired.

   (b) The application shall be made within five (5) years ofthe alleged accident from which the injury has resulted in the teacher'spresent disability, and shall be accompanied by an accident report and aphysician's report certifying to the disability; provided, that, if the teacherwas able to return to his or her employment and subsequently reinjures oraggravates the same injury, the application shall be made within the later offive (5) years of the alleged accident or three (3) years of the reinjury oraggravation. The application may also state that the teacher is permanently andtotally disabled from any employment.

   (c) If a medical examination conducted by three (3)physicians engaged by the retirement board, and any investigation that theretirement board may desire to make, shall show that the teacher is physicallyor mentally incapacitated for the performance of service as a natural andproximate result of an accident, while in the performance of duty, and that thedisability is not the result of willful negligence or misconduct on the part ofthe teacher, and is not the result of age or length of service, and that theteacher has not attained the age of sixty-five (65) years, and that the teachershould be retired, the physicians who conducted the examination shall socertify to the retirement board stating the time, place, and conditions ofservice performed by the teacher resulting in the disability, and theretirement board may grant the teacher an accidental disability benefit.

   (d) The retirement board shall establish uniform eligibilityrequirements, standards, and criteria for accidental disability which shallapply to all members who make application for accidental disability benefits.