Rhode Island Survivor Benefits

Rhode Island municipalities have the ability to establish their own pension systems. The laws governing the different options are below. Please check with your local municipality or fire department to confirm what benefits you can expect. In municipalities that have adopted the Employees’ Retirement System of Rhode Island, a firefighter’s survivors are entitled to a refund of the firefighter’s contributions to the ERSRI as well as a pension of 50% the rate of compensation of the member in effect at the date of death. This benefit shall be paid as follows: To a spouse or domestic partner, to continue for life unless the spouse remarries or enters into a domestic partnership; or If there is no spouse or domestic partner, or if the spouse or domestic partner dies or remarries or enters into a domestic partnership before any child of the deceased member has attained the age of 18 years, then to the child or children under that age to continue until every child dies or attains that age, divided among the children in a manner that the retirement board determines; or If there is no spouse, domestic partner, or child under the age 18, then to a dependent father or mother for life, if the deceased has nominated them in writing or at the board’s discretion. The amount payable shall be reduced by the amount owed to the survivors due to a workers’ compensation claim.

Contact: Employees Retirement System of Rhode Island 50 Service Avenue Warwick, RI 02886 Phone: (401) 462-7600 E-mail: Contact Us Website: www.content.ersri.org

Upon the death of any regular and permanent fire fighter, fire chief, or firefighting official who was eligible to retire from the service of any city or town not covered under the Employees’ Retirement System of Rhode Island, 67-1/2% of the benefits that would have been paid to the firefighter had they retired shall be paid to their dependent spouse for life or until remarriage, or if there is no spouse or the spouse remarries, then to any dependent children until they attain 18 years of age.

The following benefits are available for both career and volunteer firefighters, regardless of the pension system available to them. These benefits are also available firefighters that are a victim of homicide outside the line of duty. If an active or retired member of the fire force of a city or town is killed or dies from injuries received while in the performance of their duties or dies of a heart condition, respiratory ailments, or any condition derived from hypertension while still a member, the fire fighter’s relief fund of Rhode Island shall pay their dependents an annuity. A spouse or domestic partner shall be paid an annuity not exceeding $3,600 a year continuing as long as they remain unmarried or not in a domestic partnership. $1,200 per child under the age of 18 or over the age and physically or mentally incapacitated from earning shall be paid to the spouse, domestic partner, or other guardian. If the firefighter does not leave a spouse or domestic partner or dependent child, but does leave a dependent parent, that parent shall receive an annuity of $3,600 so long as the parent does not remarry and remains unable to support them self. If the firefighter leaves no dependents, their parents shall receive a lump sum of $10,000.

Contact: Relief of Injured and Deceased Police and Fire Fighters Rhode Island Department of Labor and Training 1511 Pontiac Avenue, Building 73-2 Cranston, RI 02920 Phone: (401) 462-8855 E-mail: DLT.PoliceFire@dlt.ri.gov Website: www.dlt.ri.gov/firerelief.htm

 Reference: RI Gen L, Sections 45-19-12, 45-21-25, 45-21-31, 45-21.3-1