AG U96-03.

• Case Date: April 29, 1996
• Court: Rhode Island

Rhode Island Attorney General Opinions 1996. AG U96-03. UNOFFICIAL OPINION U96-03April 29, 1996Leslie Giordano-SingletonCoordinator Bureau of State Firemen's Relief 610 Manton Avenue Providence, Rhode Island 02909 Dear Ms. Giordano-Singleton: I am pleased to respond to your letter of April 16, 1996 requesting an advisory opinion concerning whether the widow of a deceased firefighter is entitled to benefits under R.I. Gen. Laws § 45-19-12 and/or 45-19-12.2. You indicate that the firefighter died in 1979 as a result of a heart condition. The firefighter was employed by the State Port Authority Fire Department. At the outset it should be noted that eligibility for employee disability benefits is governed by the law in effect on the date of injury. See Unofficial Opinion No. U95-21 issued to the Bureau of State Firemen's Relief on November 21, 1995, citing Dempsey v. State, 451 A.2d 273 (R.I. 1982); State v. Healy, 410 A.2d 432 (R.I. 1980); Cabral v. Converse Rubber Co., 401 A.2d 1281, 1283, footnote 1 (R.I. 1979); Robidoux v. Uniroyal, Inc., 359 A.2d 45 (R.I. 1976); . Since this death occurred in 1979, the applicable law is that which was in effect at that time. As of 1979, R.I. Gen. Laws § 45-19-12 provided for annuities to the widow of a "an active or retired member of the fire force of a city or town ...."1 Since the decedent was not employed by the fire force of a city or town, the widow is not entitled to benefits under this section. R.I. Gen. Laws § 45-19-12.2 currently provides for widow's benefits for "an active...