At the end of the last legislative session, the R.I. General Assembly overwhelmingly passed an amendment to the law providing for relief of injured and deceased firefighters that presumes that any firefighter who presents with heart disease, hypertension, or stroke during or following their employment suffered a line-of-duty injury, entitling the firefighter to a lifetime two-thirds-pay, tax-free accidental disability pension.

It was passed 62-9 in the House and 29-6 in the Senate. Among local lawmakers, Rep. June Speakman and Rep. Susan Donovan voted in favor, while Sen. Linda Ujifusa voted against, and Sen. Wally Felag was not present for the vote.

The actual text of the law reads as follows:

“Notwithstanding the provisions of any general or special law to the contrary, any firefighter…who is unable to perform the duties required thereof because of an impairment of health caused by heart disease, stroke or hypertension is presumed to have suffered an in-the-line-of duty injury/disability, unless the contrary can be proven by clear and convincing evidence; and the firefighter shall be entitled to all benefits….”

An exemption is included for firefighters hired after July 1, 2023 if a pre-existing condition is found or if the person habitually used tobacco products within five hears of their hiring.

Municipal leaders question cost estimates
According to Jordan Day, associate director of the R.I. League of Cities and Towns, this law could be a financial disaster for municipal budgets already straining under the pressure from, well, everything else.

“We spent the last week of the session urging legislators to not support it,” Day said. “The cost analysis done by the state actuary estimates it will cost $50,000 to $70,000 per year. We are confident that those numbers are inaccurate.”

A bill presented in 2017 was vetoed by then-Governor Gina Raimondo after then-Treasurer Seth Magaziner estimated the cost of that bill at between $2.4 and $2.8 million.

One key concern for municipal leaders is the ability of the Municipal Employees’ Retirement System to verify claims for a condition that impacts 1/3 of adults in the United States, regardless of their line of work.

“This law does not take lifestyle, diet or genetic predisposition into account, and the taxpayers of cities and towns will be held accountable,” Day said. “Rhode Island already has the eighth highest tax burden in the country — and that’s up from 10th just two years ago.”

The R.I. League of Cities and Towns is coordinating with Treasurer James Diossa’s office to come up with a more accurate estimate so they can refute the numbers with evidence. “We hope that will be a reality check for these folks to rethink their decisions,” Day said. “We are confident this will cost millions.”

‘A huge operational burden’
There is currently a lack of parity between municipal and state pensions since state pension reform, and firefighter pensions land squarely on the shoulders of municipalities, which continue to offer 66.6% pension rates. Hypothetically, now an active firefighter who asserts their hypertension was an on-the-job injury will be permitted injured on duty status. Municipal taxpayers could get stuck paying an empty seat, along with the bonuses that go to active duty firefighters, such as clothing allowances. The individual can sit on that status until eligible for permanent disability. A city could carry that burden for 10 or 20 years with one individual.

“It would be a huge operational burden on R.I. municipal budgets,” Day said. “This is not a commentary on labor, it’s a commentary on a system that could end up being a huge burden to the taxpayer.”

In fact, back in 2019, the R.I. Supreme Court struck down a similar presumption in a split decision on a presumption that cancer in a firefighter — any type, occurring during or following active-duty employment — would be eligible for a tax-free accidental disability pension. Not long after that decision, in early 2020, the General Assembly voted to create a conclusive presumption that cancer in both active and retired firefighters in Rhode Island was caused by their work and considered to be “occupational cancer.”

A national issue
According to the National Council on Compensation Insurance (NCCI), it’s a hot topic being debated in statehouses across the country. In a white paper about the issue, the NCCI notes that these presumptions have the potential to impact the number of compensable claims and the ultimate cost of those claims.

They list a number of factors that may present a challenge for stakeholders as they try to accurately determine the financial impact of these presumptions. They include self-insured municipalities that don’t report data to NCCI; studies on the link between firefighting and certain diseases that draw varying conclusions; long latency periods of many of the occupational diseases included in legislative proposals providing presumptive coverage; diseases covered, and the employer’s ability to rebut.

Compelling testimony on hazards faced by firefighters
For supporters of the bill, like Speakman and Donovan, the decision came down to compelling testimony.

“The testimony that we heard in the Municipal Government and Housing committee in March about the health hazards that firefighters face was compelling, as were the data on their lower-than-average life expectancy,” said Speakman in a statement. “This bill acknowledges the impact that this high-risk profession can have on a firefighter’s susceptibility to heart disease, stroke and hypertension. The presumption that these conditions are related to the firefighter’s profession is rebuttable, but this bill does shift the burden of proof to the municipality to prove that the conditions had other causes.”

Speakman also noted that this is not a unique-to-Rhode Island statute — Paul Valletta, representing the firefighters’ perspective, testified that 43 other states have this provision in their disability pension statutes. “That, too, was persuasive,” she said.

“The requirement that three doctors must agree sets a high bar,” wrote Donovan. “My decision took into account the sacrifices firemen and their families make everyday a fireman walks onto the job and the fact that there are protections in place so municipalities are protected from fraud.”

Speakman expanded on those protections. “This new law keeps in place, as a protection for the municipalities, the rules and regulations that must be followed for a firefighter to obtain a disability pension, including independent verification of the health condition by three medical doctors. Testimony at the hearing showed that it is not the mere presence of hypertension that would allow for retirement due to disability but rather a health event, such as a heart attack, related to hypertension, that would do so.”

Ujifusa did not respond to efforts to reach her for comment.

Municipalities assert presumption stymies fair review process
Still, municipal leaders throughout Rhode Island are not convinced that those protections are adequate, particularly as they feel the cost estimates presented to the General Assembly were wildly inaccurate.

“I did sign the letter that went to the General Assembly in opposition,” said Town Administrator Steve Contente. “I want to be clear that I am not in opposition to firefighter benefits, but there is a process and a disability process. Presumption bills take away the opportunity to determine if the condition was work related.”

It’s a fine point, but an important one — three doctors may ascertain that a person has a certain condition, but it is a far more difficult determination confirming the cause of that condition.

“It’s our obligation to pay pension benefits, and we do not know what this will cost,” said Contente, acknowledging that Bristol is one of the few fortunate communities with a largely volunteer department. But his concern is for other communities with more exposure, as well as the long-term impact of these presumption bills. “Our municipal pension systems need to remain available and strong, and this takes away from the review process for those who need it.”

“The General Assembly passes bills and they don’t have to pay — these are municipal-funded expenses,” Contente said. “They are making laws at the state level that affect local tax rates.”