reglab/statecodes huggingface dataset:
Rhode Island Code of Regulations › Title 260 - Department of Labor and Training › Chapter 40 - Income Support › Subchapter 05 - Unemployment And Temporary Disability Insurance › Part 1 - Unemployment Insurance and Temporary Disability Insurance Programs (260-RICR-40-05-1) › Section 260-RICR-40-05-1.30 - TDI Partial Return to Work and Earnings Offset

Current through June 14, 2024
Any individual who is in partial return to work status and
					 is collecting Temporary Disability Insurance (TDI) partial return to work
					 benefits is required to report all wages earned in employment for the
					 compensable week in which they are claiming partial benefits. Wages will
					 include: any wages earned and/or received, including any sick pay, vacation pay
					 or supplemental wages and/or salary. If the person earns less than their weekly
					 benefit amount (WBA), they can keep the first twenty percent (20%) of their
					 weekly benefit amount without any penalty. Any wages earned (as defined above)
					 that exceed twenty percent (20%) of their WBA, will be deducted (offset) dollar
					 for dollar from their WBA.
Rhode Island Code of Regulations › Title 260 - Department of Labor and Training › Chapter 40 - Income Support › Subchapter 05 - Unemployment And Temporary Disability Insurance › Part 1 - Unemployment Insurance and Temporary Disability Insurance Programs (260-RICR-40-05-1) › Section 260-RICR-40-05-1.31 - TDI - Limit on Partial Payments

Current through June 14, 2024
The Temporary Disability Insurance (TDI) partial return to
					 work law allows people collecting TDI to return to work on a partial basis
					 (reduced hours) without cutting off their TDI benefits entirely. The spirit and
					 intent of the legislation is for individuals to transition back into the
					 workforce from an illness or injury. As such, partial return to work benefits
					 facilitates transition for the individual to return to their normal working
					 hours while continuing their recuperation. Partial payments are available for a
					 short term basis to allow the individual to transition back to their customary
					 work and work schedule; therefore, a standard of an eight (8) week maximum is
					 allowed under this benefit. Partial payments may be extended up to twelve (12)
					 weeks total when clearly supported by medical documentation provided by the
					 Qualified Healthcare Provider and subject to agency review and approval. No
					 more than twelve (12) weeks total maximum may be paid under the Partial Return
					 to Work Program.
Rhode Island Code of Regulations › Title 260 - Department of Labor and Training › Chapter 40 - Income Support › Subchapter 05 - Unemployment And Temporary Disability Insurance › Part 1 - Unemployment Insurance and Temporary Disability Insurance Programs (260-RICR-40-05-1) › Section 260-RICR-40-05-1.32 - Work-Share Benefits Program

Current through June 14, 2024
A. This rule is
				 intended to clarify employer participation in the Work-Share Benefits Program.
1. If an employer participates in the
				 Work-Share Program for 18 months or more, within two consecutive years, the
				 reduced hours shall become the standard for the usual weekly hours of work for
				 the subsequent third year. The reduction will be computed based on the previous
				 years' hours.
2. An employer will
				 not be allowed to participate in the Work-Share Program for the same period of
				 time each year for more than three (3) consecutive years as defined by
				 "seasonal employment" in R.I. Gen. Laws §
											28-44-69(a)(6).
3. All affected units will be reduced by the
				 maximum amount of hours before any layoffs are allowed, unless justification
				 can be given as to why the layoff must occur in an affected unit.
4. Modifications to the original plan are
				 subject to the approval of the Director.
5. If dissatisfied with an initial
				 determination, an employer may seek reconsideration by the Director, whose
				 decision shall be final with no further appeal.
6. A Work-Share employer may not participate
				 in the program during any week of a bona-fide vacation shut down or an economic
				 shut down.
Rhode Island Code of Regulations › Title 260 - Department of Labor and Training › Chapter 40 - Income Support › Subchapter 05 - Unemployment And Temporary Disability Insurance › Part 1 - Unemployment Insurance and Temporary Disability Insurance Programs (260-RICR-40-05-1) › Section 260-RICR-40-05-1.33 - Counsel Fees

Current through June 14, 2024
In appeals from a director's determination to an appeals
					 body other than a court of law, if a claimant retains an attorney at-law to
					 represent him or her, the attorney shall be entitled to a counsel fee of ten
					 (10%) percent of amount of the benefits at issue before the appeals body but
					 not less than fifty ($50.00) dollars, which the director shall pay out of the
					 employment security administrative funds; provided, however, the
					 attorney-at-law must submit his or her request for a counsel fee to the
					 director not later than two (2) years from a final adjudication of the case by
					 the appeals body. Any requests for counsel fees after the two (2) year period
					 will not be allowed by the director.
Rhode Island Code of Regulations › Title 260 - Department of Labor and Training › Chapter 40 - Income Support › Subchapter 05 - Unemployment And Temporary Disability Insurance › Part 1 - Unemployment Insurance and Temporary Disability Insurance Programs (260-RICR-40-05-1) › Section 260-RICR-40-05-1.34 - Severance and Dismissal Pay

Current through June 14, 2024
A. When an
				 individual is in receipt of severance or dismissal pay under R.I. Gen. Laws
				 §
										28-44-59 severance or dismissal pay issued by an employer will be:
1. Allocated on a weekly basis from the
				 individual's last day that he or she performed physical work for the employer
				 for a time period as determined under §
											1.34(A)(3)     of this Part.
2. Considered wages
				 under R.I. Gen. Laws §
											28-42-3(29) 
				 and will be used in the base period, attributable to the last day of employment
				 for services performed prior to that date, when computing a claim for benefits.
				 The amount of any payments, whether or not under a plan or system, made to or
				 on behalf of an employee by his or her employer after the expiration of six (6)
				 calendar months following the last calendar month in which the employee
				 performed actual bona fide personal services for his or her employer, shall not
				 be deemed to be wages either for the purpose of reporting wages received under
				 R.I. Gen. Laws §
											28-44-13,
				 or for the purpose of wages considered in computing benefits under R.I. Gen.
				 Laws §
											28-44-3.
3. Deducted from the weekly "benefit rate" as
				 defined in R.I. Gen. Laws §
											28-42-3(6) 
				 for each week severance or dismissal pay is received. The weekly benefit rate
				 shall be reduced by the full amount of that severance or dismissal pay, which
				 is attributable for that week, for a period not to exceed twenty-six (26)
				 weeks. Within the period, not to exceed twenty-six (26) weeks, an individual
				 shall be disqualified from receiving benefits for any week of his or her
				 unemployment within any period with respect to which the individual is
				 receiving severance or dismissal pay in an amount greater than or equal to his
				 or her weekly benefit rate. Within the period, not to exceed twenty-six (26)
				 weeks, the total amount of severance pay paid in the form of a lump sum to an
				 employee will be attributed to each week it represents. The total amount of
				 severance pay and the number of weeks it represents will be provided by the
				 employer. If the employer does not specify a set number of weeks, such
				 severance or dismissal pay shall be allocated using the individual's weekly
				 benefit rate.
Rhode Island Code of Regulations › Title 260 - Department of Labor and Training › Chapter 40 - Income Support › Subchapter 05 - Unemployment And Temporary Disability Insurance › Part 1 - Unemployment Insurance and Temporary Disability Insurance Programs (260-RICR-40-05-1) › Section 260-RICR-40-05-1.35 - Wages Paid After Last Day of Employment

Current through June 14, 2024
A. Wages paid
				 after the last day of employment for services performed prior to that date for
				 benefit years beginning on or after July 1, 2012:
1. For benefit years beginning on or after
				 July 1, 2012, wages paid to an individual after the last day of employment by
				 an employer for services performed prior to that date shall be considered wages
				 under R.I. Gen. Laws §
											28-42-3(29) 
				 and will be used in the base period, attributable to the last day of employment
				 for services performed prior to that date, when computing a claim for
				 benefits.
2. The amount of any
				 payments, whether or not under a plan or system, made to or on behalf of an
				 employee by his or her employer after the expiration of six (6) calendar months
				 following the last calendar month in which the employee performed actual bona
				 fide personal services for his or her employer, shall not be deemed to be wages
				 either for the purpose of reporting wages received under R.I. Gen. Laws §
											28-44-13,
				 or for the purpose of wages considered in computing benefits under R.I. Gen.
				 Laws §
											28-44-3.
Rhode Island Code of Regulations › Title 260 - Department of Labor and Training › Chapter 40 - Income Support › Subchapter 05 - Unemployment And Temporary Disability Insurance › Part 1 - Unemployment Insurance and Temporary Disability Insurance Programs (260-RICR-40-05-1) › Section 260-RICR-40-05-1.36 - Employment Security Benefit Work Search Exemption

Current through June 14, 2024
A. Any
				 individual claiming payment for any week of Employment Security benefits that
				 is temporarily laid off with a definite return to work date within twelve (12)
				 weeks is not required to search for work within the twelve (12) week period
				 after the lay off.
B. The employer
				 must provide a definite return to work date within the twelve (12) week period
				 after the lay off for the individual to be exempt from the work search
				 requirements.
C. If the employer
				 does not specify a definite return to work date and/or the individual does not
				 return to work within the twelve (12) week period after the lay off, the
				 individual must make an active, independent search for suitable work and will
				 be subject to the provisions set forth in R.I. Gen. Laws §
										28-44-12.
D. Any individual that is an active member
				 and in good standing of a labor union that uses a "Hiring Hall" or business
				 agent to find suitable work will be exempt from the work search requirements
				 while collecting Employment Security Benefits.
Rhode Island Code of Regulations › Title 260 - Department of Labor and Training › Chapter 40 - Income Support › Subchapter 05 - Unemployment And Temporary Disability Insurance › Part 1 - Unemployment Insurance and Temporary Disability Insurance Programs (260-RICR-40-05-1) › Section 260-RICR-40-05-1.37 - Self-Employment Assistance Program

Current through June 14, 2024
A. This rule is
				 intended to clarify the Self-Employment Assistance (SEA) Program.
B. To participate in the Self-Employment
				 Assistance Program an individual must have a viable business idea and be
				 willing to work full-time in developing the business. The proposed business,
				 when established, shall meet all legal requirements with regard to taxes,
				 zoning and other applicable laws.
C. Individuals may receive up to 26 weeks of
				 Self-Employment Assistance allowance in lieu of regular benefits or Emergency
				 Unemployment Compensation (EUC).
1. An
				 individual will not be eligible for Emergency Unemployment Compensation if he
				 or she exhausts Self-Employment Assistance in lieu of regular benefits as he or
				 she is not a Unemployment Compensation exhaustee as defined in the Supplemental
				 Appropriation Act, 2008, Pub. L. 110-252, H.R.
				 2642.
2. An Individual receiving
				 Self-Employment Assistance in lieu of Emergency Unemployment Compensation is
				 not required to be identified pursuant to the State worker profiling system as
				 individuals likely to exhaust regular benefits as specified in the Middle Class
				 Tax Relief and Job Creation Act of 2012,
				 Pub. L.
				 112-96, H.R. 3630.
3. The Director may terminate participation
				 in the SEA program for failure to meet SEA program requirements. An individual
				 who fails to participate on a full-time basis, as defined in R.I. Gen. Laws
				 §
											28-44-70(a)(4),
				 in self-employment assistance activities or who fails to actively engage on a
				 full-time basis in activities, which may include training and work assignments
				 related to establishing a business and becoming self-employed is denied
				 benefits for the week the failure occurs; unless, the individual submits an
				 official waiver from the partnering vendor indicating that the individual is
				 meeting the Self-Employment Assistance requirements and participating on a
				 full-time basis, as defined in R.I. Gen. Laws §
											28-44-70(a)(4).
4. If the Director determines that an
				 individual failed to actively engage in self-employment activities whether
				 scheduled or in general, the individual must be issued an appealable
				 determination.
5. An individual
				 must have remaining entitlement to at least 13 weeks of regular benefits or
				 Emergency Unemployment Compensation to be approved for participation in the
				 Self-Employment Assistance Program.
6. Self-Employment Assistance allowance will
				 terminate the week in which the individual exhausts his or her balance of
				 regular benefits or Emergency Unemployment Compensation not to exceed 26
				 weeks.
Rhode Island Code of Regulations › Title 260 - Department of Labor and Training › Chapter 40 - Income Support › Subchapter 05 - Unemployment And Temporary Disability Insurance › Part 1 - Unemployment Insurance and Temporary Disability Insurance Programs (260-RICR-40-05-1) › Section 260-RICR-40-05-1.38 - Filing of Claims for Temporary Caregiver Insurance Benefits

Current through June 14, 2024
A. Every individual who files a claim for
				 Temporary Caregiver Insurance (TCI) under the provisions of the Rhode Island
				 Temporary Disability Insurance Act shall file such claims in writing or
				 otherwise as the Director may prescribe.
B. Every otherwise eligible claimant who
				 files a claim for benefit credits shall be entitled to such for each week of
				 unemployment due to the need to care for a seriously ill child, spouse,
				 domestic partner, parent, parent-in-law, grandparent, or to bond with a newborn
				 child, adopted child, or foster child only if:
1. The notice of the claim for benefits is
				 mailed, delivered, or otherwise sent to the Department of Labor and Training no
				 later than thirty (30) days after the first day of leave is taken.
Rhode Island Code of Regulations › Title 260 - Department of Labor and Training › Chapter 40 - Income Support › Subchapter 10 - Police and Fire › Part 1 - Board of Police Officer's Relief (260-RICR-40-10-1) › Section 260-RICR-40-10-1.1 - Authority

Current through June 14, 2024
This Part is promulgated pursuant to R.I. Gen. Laws
					 §§
										45-19-2,
					  45-19-4,
					  45-19-4.1,
					  45-19-4.2,
					  45-19-4.3.
Rhode Island Code of Regulations › Title 260 - Department of Labor and Training › Chapter 40 - Income Support › Subchapter 10 - Police and Fire › Part 1 - Board of Police Officer's Relief (260-RICR-40-10-1) › Section 260-RICR-40-10-1.2 - Purpose

Current through June 14, 2024
Within the Department of Labor & Training there is a
					 Board of Police Officers' Relief which administers funds for relief of police
					 officers and/or their dependents.
Rhode Island Code of Regulations › Title 260 - Department of Labor and Training › Chapter 40 - Income Support › Subchapter 10 - Police and Fire › Part 1 - Board of Police Officer's Relief (260-RICR-40-10-1) › Section 260-RICR-40-10-1.3 - Rules and Regulations

Current through June 14, 2024
A. Board membership
				 shall be in accordance with R.I. Gen. Laws §
										45-19-2.
				 The Board shall elect the following officers to two (2) year terms:
				 Chairperson, Vice-Chairperson and Secretary. Elections for Chairperson shall
				 take place in January of the even numbered years, and elections for
				 Vice-chairperson and Secretary shall take place in January of the odd numbered
				 years. Current officeholders may be re-elected.
B. All meetings of the Board shall be held at
				 the Department of Labor & Training or at a location designated by the
				 Chairperson. The schedule of all meetings shall be posted in compliance with
				 the Rhode Island Open Meetings Law. All meetings shall be conducted by the
				 Chairperson (or the Vice-Chairperson in the Chairperson's absence) in
				 accordance with Robert's Rules of Order. The Board Secretary shall make and
				 keep all minutes in compliance with the law.
C. A vote by three (3) members of the Board
				 shall be necessary to conduct any business of the Board, but a vote of a lesser
				 number shall be sufficient to adjourn a meeting to the next meeting.
D. All requests for information shall be
				 addressed to either the Board's Chairperson or the Secretary.
E. All requests for benefits shall be made
				 either in writing or by telephone with the Chairperson or his/her designee. The
				 Board shall thereupon mail to the applicant an application form for benefits
				 which is to be completed by said applicant or legal guardian and returned to
				 the Board. It shall be the responsibility of the applicant or legal guardian to
				 insure all application forms are complete. The Board shall have the right to
				 refuse to consider any application which is not complete.
F. Except for good cause shown, an applicant
				 for death benefits shall furnish the following documents with the application:
1. an original copy of the police officer's
				 death certificate,
2. a letter from
				 the deceased officer's Chief of Police, or his/her designee, stating that the
				 deceased was a sworn member of the police department,
3. a medical statement of the attending
				 physician specifying the cause of death, and
4. certified copies of any applicable birth
				 certificates.
Rhode Island Code of Regulations › Title 260 - Department of Labor and Training › Chapter 40 - Income Support › Subchapter 10 - Police and Fire › Part 2 - Board of Firefighters' Relief (260-RICR-40-10-2) › Section 260-RICR-40-10-2.1 - Authority

Current through June 14, 2024
This Part is promulgated pursuant to R.I. Gen. Laws
					 §§
										45-19-5,
					  45-19-8,
					  45-19-12,
					  45-19-12.1,
					  45-19-12.2 and
					  45-19-12.3.
Rhode Island Code of Regulations › Title 260 - Department of Labor and Training › Chapter 40 - Income Support › Subchapter 10 - Police and Fire › Part 2 - Board of Firefighters' Relief (260-RICR-40-10-2) › Section 260-RICR-40-10-2.2 - Purpose

Current through June 14, 2024
Within the Department of Labor & Training there is a
					 Board of Fire Fighter's Relief which administers funds for the relief of fire
					 fighters and/or their dependents.
Rhode Island Code of Regulations › Title 260 - Department of Labor and Training › Chapter 50 - Injured Worker Services › Subchapter 05 - Workers' Compensation › Part 1 - Self-Insurance › Section 260-RICR-50-05-1.1 - AUTHORITY

Current through June 14, 2024
These rules and regulations are promulgated pursuant to
					 R.I. Gen Laws §
										28-29-26.
Rhode Island Code of Regulations › Title 260 - Department of Labor and Training › Chapter 50 - Injured Worker Services › Subchapter 05 - Workers' Compensation › Part 1 - Self-Insurance › Section 260-RICR-50-05-1.2 - PURPOSE

Current through June 14, 2024
The purpose of this regulation is to establish standards
					 and fees regarding the self-insurance of workers.
Rhode Island Code of Regulations › Title 260 - Department of Labor and Training › Chapter 50 - Injured Worker Services › Subchapter 05 - Workers' Compensation › Part 1 - Self-Insurance › Section 260-RICR-50-05-1.3 - DEFINITIONS

Current through June 14, 2024
A. "Aggregate stop-loss insurance" means a
				 policy designed to limit claim coverage (losses) to a specific amount. This
				 type of coverage is to ensure that catastrophic claims (specific stop-loss) or
				 numerous claims (aggregate stop-loss), do not upset the financial reserves of a
				 self-funded plan.
B. "Certified
				 employer" means an employer who is certified to Self-Insurer for workers'
				 compensation
C. "Department" or "The
				 Department" means the Department of Labor and Training.
D "Director" means the Director of the
				 Department of Labor and Training
E.
				 "Excess policy" means a policy issued to provide limits in excess of an
				 underlying liability policy
F. 
				 "Self-insurance" means: the authority to directly pay compensation to employees
				 or their dependents.
H. "WC" means
				 workers' compensation.
Rhode Island Code of Regulations › Title 260 - Department of Labor and Training › Chapter 50 - Injured Worker Services › Subchapter 05 - Workers' Compensation › Part 1 - Self-Insurance › Section 260-RICR-50-05-1.4 - APPLICATION FEES

Current through June 14, 2024
A. Initial fee with
				 application. Costs for services necessary to prepare application or for
				 subsequent requests for data are borne by applicant. Fees for Department
				 services may be assessed during course of application. The applicant during the
				 course of examination must pay for any actuarial study required by the
				 Department.
B. Pursuant to R.I.
				 Gen. Laws §
										28-36-1(B)(1),
				 all employers who apply for approval to self-insurance for all or part of their
				 liability pursuant to R.I. Gen. Laws §§
										28-36-1(A)(2)
				 and (A)(3), shall pay an application fee
				 based on the number of employees located at the employer's place(s) of business
				 in Rhode Island. The fees for new applications shall be set in accordance with
				 the following schedule:
NUMBER OF EMPLOYEES
FEE
1-249
$300
249-499
$350
500-749
$400
750-999
$450
1000 OR MORE
$500
C.
				 The application fee must be paid by a check drawn on a Rhode Island bank or,
				 for out of state businesses, by a certified check or money order. The check or
				 money order must be made payable to the "State of Rhode Island". The
				 application fee may be paid by a third-party administrator, advisor, broker or
				 similar firm on behalf of its' client in accordance with the foregoing
				 conditions.
D. The fee must
				 accompany the initial application form and is not refundable. An application
				 received without the proper fee will be returned without any review or
				 consideration. No fee is required for a renewal application.
Rhode Island Code of Regulations › Title 260 - Department of Labor and Training › Chapter 50 - Injured Worker Services › Subchapter 05 - Workers' Compensation › Part 1 - Self-Insurance › Section 260-RICR-50-05-1.5 - ASSESSMENTS

Current through June 14, 2024
A. Each self-insured is required to pay
				 assessments annually to the RI Workers' Compensation Fund. The assessment is
				 based on a percentage of the premium that would have been paid by the employer
				 if he were insured based on manual rates. Pursuant to R.I. Gen. Laws
				 §§
										28-37-13 through
				  28-37-29.
B. Pursuant to R.I. Gen. Laws §
										28-36-1(b)(3) 
				 an additional assessment is charged to all certified employers for services
				 performed by the Self-Insurance Unit. This assessment is based on the
				 percentage of individual surety in proportion to all surety in the program for
				 the assessment year.
Rhode Island Code of Regulations › Title 260 - Department of Labor and Training › Chapter 50 - Injured Worker Services › Subchapter 05 - Workers' Compensation › Part 1 - Self-Insurance › Section 260-RICR-50-05-1.6 - FILING AND/OR EXAM FEES FOR APPLICATIONS

Current through June 14, 2024
Subsequent to initial application, the Department may
					 charge for costs of examination of account, files, reserves, any studies that
					 may be required upon review.
Rhode Island Code of Regulations › Title 260 - Department of Labor and Training › Chapter 50 - Injured Worker Services › Subchapter 05 - Workers' Compensation › Part 1 - Self-Insurance › Section 260-RICR-50-05-1.7 - EXCESS COVERAGE

Current through June 14, 2024
A. Every applicant
				 for initial approval of workers' compensation self insurance and every
				 applicant for renewal of its certified employer status shall purchase and
				 maintain a specific excess insurance policy with:
1. an upper minimum coverage limit of at
				 least $10,000,000 or higher per occurrence in excess of the self insured
				 retention level of the policy; and
2. a self insured retention level
				 specifically approved by the director.
Rhode Island Code of Regulations › Title 260 - Department of Labor and Training › Chapter 50 - Injured Worker Services › Subchapter 05 - Workers' Compensation › Part 1 - Self-Insurance › Section 260-RICR-50-05-1.8 - DEPOSIT OF SECURITY

Current through June 14, 2024
A. Failure by a
				 certified employer to post and maintain the required amount of security and in
				 an acceptable type as determined by the director shall be good cause for
				 terminating or non-renewal of the employer's self insurance
				 certificate.
B. New applicants for
				 self insurance shall submit along with the Application For Approval of Workers'
				 Compensation Self-Insurance Form RI SI-2, a summary of annual incurred losses
				 experienced by their Rhode Island operations for the previous three full
				 calendar years with the loss experience being current to within 120 days prior
				 to the application filing date prepared by their carrier or insurance broker.
				 Initial security deposit, shall be calculated as the higher of the following:
1. the minimum security deposit required by
				 the director, currently $500,000;
2. two times the average incurred liability
				 of the applicant's Rhode Island operations over the previous three years plus
				 any adjustment for self insured retention level of the proposed specific excess
				 insurance policy the applicant intends to purchase; or
3. the amount of initial security required by
				 the director in his or her discretion.
Rhode Island Code of Regulations › Title 260 - Department of Labor and Training › Chapter 50 - Injured Worker Services › Subchapter 05 - Workers' Compensation › Part 1 - Self-Insurance › Section 260-RICR-50-05-1.9 - BONDS AND/OR SECURITIES

Current through June 14, 2024
1.9.1
Bond
				 and Security Standards
A. A surety bond
				 posted as security by a certified employer to secure self insured workers'
				 compensation liabilities with the director shall be on a bond form approved by
				 the director. Any extension agreements, increase riders, decrease riders, name
				 change riders, or release of surety shall also be on forms approved by the
				 director.
B. Any new surety bond
				 provided as security for a certified employer's workers' compensation self
				 insurance liabilities to the director, or any extension rider, increase rider,
				 decrease rider, or name change rider on an existing or new surety bond provided
				 as such security, shall pay up to the full amount of the penal sum for the
				 payment of workers compensation liabilities of the certified employer without
				 deducting any of the surety's costs for legal, administrative, or claims
				 handling expenses related to the certified employer's workers' compensation
				 claims. Such costs or expenses shall be in addition to the compensation
				 benefits and services paid from the penal sum of the bond as set forth in this
				 section.
C. Each cancelled surety
				 bond remains responsible to pay the unpaid workers' compensation liabilities of
				 the certified employer for claims with dates of injury that occurred during the
				 period of coverage of the surety bond up to the cancellation date. Cancellation
				 eliminates liability accruing after the date of cancellation, but the bond
				 remains in full force and effect to cover liability accrued from and including
				 the date of issuance of the bond up to the date of cancellation.
D. Any bond may be released of its liability
				 only if it is replaced by another acceptable security in the full amount that
				 may be required by the director at that time and the director executes a
				 signed, written release document for the surety bond which will accompany the
				 original bond that will be returned to the surety company.
Rhode Island Code of Regulations › Title 260 - Department of Labor and Training › Chapter 50 - Injured Worker Services › Subchapter 05 - Workers' Compensation › Part 1 - Self-Insurance › Section 260-RICR-50-05-1.10 - SUBSIDIARY

Current through June 14, 2024
There may be division of self-insurance and insurance
					 within a company. This division is subject to review by the Director, by law,
					 on a case-by-case basis initially and during the term of any period of
					 self-insurance. Each company may have a separate minimum initial bond, subject
					 to Director decision, based on review and consolidation approval. Other surety
					 can be accepted as per Director.
Rhode Island Code of Regulations › Title 260 - Department of Labor and Training › Chapter 50 - Injured Worker Services › Subchapter 05 - Workers' Compensation › Part 1 - Self-Insurance › Section 260-RICR-50-05-1.11 - PARENT COMPANY

Current through June 14, 2024
A guarantor may be required as a condition of
					 self-insurance by the Department. Liabilities such as Workers' Compensation
					 claims will be expressly absorbed and paid by any surviving company or take
					 over company.
Rhode Island Code of Regulations › Title 260 - Department of Labor and Training › Chapter 50 - Injured Worker Services › Subchapter 05 - Workers' Compensation › Part 1 - Self-Insurance › Section 260-RICR-50-05-1.12 - REQUIRED REPORTS

Current through June 14, 2024
A. RI State Tax
				 reports - most recent filing.
B.
				 Form 10K, if applicable.
C.
				 Historical Claims Report - previous five (5) years to include open, litigation,
				 other legal and claims expense, controverted and reserved claims; narrative on
				 all claims $10,000 reserve minimum. Other reports per type of business pursuit,
				 at request of administrator as necessary. Upon renewal, only loss information
				 as a self-insured is required.
D.
				 Interim reports as desired with specific answer time and date may be required
				 at any time during any certification.
Rhode Island Code of Regulations › Title 260 - Department of Labor and Training › Chapter 50 - Injured Worker Services › Subchapter 05 - Workers' Compensation › Part 1 - Self-Insurance › Section 260-RICR-50-05-1.13 - TERM

Current through June 14, 2024
A self-insured who wishes to continue as such, must file an
					 a renewal application and surety annually, a minimum of 60 days prior to the
					 expiration date of its' current certificate, using same basic format. A filing
					 less than 60 days prior to renewal date is at the peril of the self-insured.
					 Renewal is not automatic. Provision for insurance coverage would be needed if
					 renewal sent in late.
Rhode Island Code of Regulations › Title 260 - Department of Labor and Training › Chapter 50 - Injured Worker Services › Subchapter 05 - Workers' Compensation › Part 1 - Self-Insurance › Section 260-RICR-50-05-1.14 - CLAIM ADMINISTRATION

Current through June 14, 2024
The Department requires that the internal Claims Adjusters
					 or externally hired Third Party Administrators who handle workers' compensation
					 claims for Self-Insured employers be licensed by the State of Rhode Island, in
					 accordance with 230-RICR- 20-50-4 (Insurance Claims Adjusters) of the RI
					 Department of Business Regulation. The claim administration, whether internal
					 or external, must be able to comply with the claim filing requirements of the
					 Workers' Compensation Division. The Department may require additional training
					 for employees or adjusters preparing claim forms, wage data, and electronic
					 filings.
Rhode Island Code of Regulations › Title 260 - Department of Labor and Training › Chapter 50 - Injured Worker Services › Subchapter 05 - Workers' Compensation › Part 1 - Self-Insurance › Section 260-RICR-50-05-1.15 - DOCUMENTS

Current through June 14, 2024
Application Form RI SI-2, copy of current financial report;
					 name and address of person or firms handling claims processing; claims history;
					 payment record for past claims; reserves and reserving process for current
					 claims; any other items as individual application may warrant by order of
					 Director's designee or as required by Director's review.
Rhode Island Code of Regulations › Title 260 - Department of Labor and Training › Chapter 50 - Injured Worker Services › Subchapter 05 - Workers' Compensation › Part 1 - Self-Insurance › Section 260-RICR-50-05-1.17 - CANCELLATION/LAPSATION/EXPIRATION

Current through June 14, 2024
A. Notice of Cancellation will be given to
				 the self-insured office that is listed on the application. Such notice will be
				 transmitted by certified mail/return receipt requested and other additional
				 means such as e- mail, fax, telephone and letterforms. Cancellation may be put
				 in place for failure to make WC payments, or payments of assessments when due
				 by liquidation and/or close of business in Rhode Island, and filing of any
				 forms of bankruptcy and reorganization.
B. Renewal is not automatic. Failure to
				 provide required items, such as but not limited to excess coverage, general
				 liability policy, surety coverage's and other required items, are grounds for
				 cancellation. Required items that are allowed to lapse or expire by a self-
				 insured are grounds for cancellation of self-insurance privileges.
Rhode Island Code of Regulations › Title 260 - Department of Labor and Training › Chapter 50 - Injured Worker Services › Subchapter 05 - Workers' Compensation › Part 1 - Self-Insurance › Section 260-RICR-50-05-1.18 - FINANCING

Current through June 14, 2024
A. Basic Surety Bond: Prefer AA rating, if
				 necessary A. Rating A- (minus) lowest accepted but usually only with other
				 surety forms.
1. Our forms, as by law (WC Act)
				 that we, Department of Labor & Training - Workers' Compensation, require in
				 substance. Form is not filed with any other state agency but is the form
				 devised and designed by the Department for its use. The only direction is from
				 the Department - it is not a state fund form nor is it a statutory form issued
				 by the Insurance Division of Business Regulation, etc., but is a form that can
				 be managed and tailored to a specific self-insurance situation under RI
				 Workers' Compensation Act sections that apply (R.I. Gen. Laws §§
											28-29-22,
				 and
				  28-36-1;
				  28-36-2).
2. The bond can be for more than
				 one year in duration although certificates of self-insurance by law are a
				 maximum of one year. Bonds can be continuous. Bond would be canceled effective
				 date to coincide with bond date - certificate date or before if applicable. Our
				 bonds are not to be considered as stacking. Bonds may be retired with
				 Department approval.
3. Bond is
				 continuous form, meaning that for certain period of time it is for claims
				 arising out of that period of time so designated. It continues in force but
				 only for claims arising out of stated initial penal period if employer cannot
				 meet WC obligations caused by these claims incurred in that covered period or
				 found to be caused in that covered period.
4. A continuation certificate to an existing
				 bond can extend the bond money into a second year or period of time therefore
				 diluting original bond money.
5. A
				 canceled bond still is viable for claims within scope of bond.
6. A retired bond does not have any penal
				 liability and ceases to be a surety.
Rhode Island Code of Regulations › Title 260 - Department of Labor and Training › Chapter 50 - Injured Worker Services › Subchapter 05 - Workers' Compensation › Part 1 - Self-Insurance › Section 260-RICR-50-05-1.19 - ADDENDUM TO SELF-INSURANCE NOTES (RI SI-4)

Current through June 14, 2024
A. Costs of
				 preparing data, application, etc., on any preliminary or informal or formal
				 presentations for certification for self-insurance are all borne by the
				 applicant. If the Department makes a specific request for data, feasibility
				 study, etc., all costs are directly the responsibility of the applicant. The
				 Department will discuss the format of any data on the further clarification of
				 any questions.
B. Applications with
				 accompanying documents and certification as WC Self-Insured are subject to the
				 R.I. Gen. Laws §
										38-2-1
et seq
., Access to Public Records. Any request for records
				 will be analyzed pursuant to that law.
C. Upon renewal, re-certification process,
				 etc., the same rules apply. In addition, any transcripts, dictation costs,
				 etc., during any hearing of any type by the Department at its' offices or any
				 other location as required by the Department or any lawful authority must be
				 borne directly by the application for re-certification. Such original
				 documentation will be the property of the Department and the Department will
				 provide the self-insurer at no charge certified true copies.
D. In the event of a cessation of
				 certification during the course of a certification period, all costs of
				 transcripts or data collection and/or other expenses at any hearings at the
				 office of the Director of the Department or any other location as required
				 and/or designated by any lawful authority (as prescribed in RI WC Law) will be
				 directly paid for upon receipt of billing by the applicant self-insured.
				 Certified true copies will be provided to the self-insured by the Department at
				 no charge. The original data will be the property of the Department of Labor
				 & Training. E.g: Costs of depositions, surveys, financial reviews, on-site
				 inspections by Administrator or Department personnel or other service personnel
				 commissioned or contracted for by the Department of Labor & Training
				 Workers' Compensation Unit will be borne by the applicant or self-insured
				 employer.
Rhode Island Code of Regulations › Title 260 - Department of Labor and Training › Chapter 50 - Injured Worker Services › Subchapter 05 - Workers' Compensation › Part 2 - Notice of Designation as Independent Contractor › Section 260-RICR-50-05-2.1 - Authority

Current through June 14, 2024
The following rules and regulations regarding the filing
					 of a notice of designation as an independent contractor are promulgated
					 pursuant to R.I. Gen. Laws §§
										28-29-17.1 and
					  28-29-26(a).
Rhode Island Code of Regulations › Title 260 - Department of Labor and Training › Chapter 50 - Injured Worker Services › Subchapter 05 - Workers' Compensation › Part 2 - Notice of Designation as Independent Contractor › Section 260-RICR-50-05-2.2 - Purpose

Current through June 14, 2024
The purpose of these rules and regulations is to regulate
					 the designation of an independent contractor.
Rhode Island Code of Regulations › Title 260 - Department of Labor and Training › Chapter 50 - Injured Worker Services › Subchapter 05 - Workers' Compensation › Part 2 - Notice of Designation as Independent Contractor › Section 260-RICR-50-05-2.3 - Designation of Independent Contractor

Current through June 14, 2024
To be considered an independent contractor for purposes of
					 workers' compensation, a person must file a notice of designation as
					 independent contractor with the Director of the Department of Labor and
					 Training in the manner prescribed by the Director.
Rhode Island Code of Regulations › Title 260 - Department of Labor and Training › Chapter 50 - Injured Worker Services › Subchapter 05 - Workers' Compensation › Part 2 - Notice of Designation as Independent Contractor › Section 260-RICR-50-05-2.4 - Filing of Notice of Designation Form

Current through June 14, 2024
A. The notice of
				 designation as independent contractor form (DWC-11-IC) may be filed in paper
				 format or electronically. Improperly completed paper forms will be returned to
				 the sender. Electronically filed forms will immediately be rejected if not
				 properly completed. If the sender encloses a copy of the DWC-11-IC and a
				 stamped self-addressed envelope, the Department will provide a date stamped
				 copy of the notice. Electronic filers will receive an immediate confirmation of
				 the filing.
B. Upon receipt of a
				 DWC-11-IC, the Department will send a notice to the named independent
				 contractor advising of the effect of the filing, including information
				 regarding the distinction between an employee and an independent contractor,
				 and a warning that the independent contractor will not be entitled to workers'
				 compensation benefits.
Rhode Island Code of Regulations › Title 260 - Department of Labor and Training › Chapter 50 - Injured Worker Services › Subchapter 05 - Workers' Compensation › Part 2 - Notice of Designation as Independent Contractor › Section 260-RICR-50-05-2.5 - Proof of Workers Compensation Insurance

Current through June 14, 2024
A. Any employer
				 hiring an independent contractor should request proof of workers' compensation
				 insurance coverage, a copy of the DWC-11-IC from the independent contractor, or
				 confirmation of the filing from the Department.
B. The DWC-11-IC will remain in effect while
				 the independent contractor is working for the named hiring entity or until a
				 notice of withdrawal (DWC-11-ICR) is received, in paper format or
				 electronically, and the receipt is confirmed by the Department. The Department
				 will notify the named hiring entity when a DWC-11-ICR is filed.
C. The Department will make available,
				 electronically or otherwise, information on whether a person has filed a
				 DWC-11-IC or a DWC-11-ICR with the Department. The Department's confirmation is
				 evidence of both electronic and paper filings and absent a subpoena will be
				 provided in lieu of the actual form. Social Security numbers and FEIN numbers
				 contained on the forms will not be publicly disclosed. Workers' Compensation
				 insurers should access the Department's independent contractor information
				 during audits to assist in determining a worker's status as employee or
				 independent contractor.
Rhode Island Code of Regulations › Title 260 - Department of Labor and Training › Chapter 50 - Injured Worker Services › Subchapter 05 - Workers' Compensation › Part 3 - Rules And Regulations for Coordination of Benefits › Section 260-RICR-50-05-3.1 - Authority

Current through June 14, 2024
The following rules and regulations are promulgated
					 pursuant to R.I. Gen. Laws §
										28-33-45.
Rhode Island Code of Regulations › Title 260 - Department of Labor and Training › Chapter 50 - Injured Worker Services › Subchapter 05 - Workers' Compensation › Part 3 - Rules And Regulations for Coordination of Benefits › Section 260-RICR-50-05-3.2 - Purpose

Current through June 14, 2024
These rules are adopted for the purpose of regulating the
					 offset of workers' compensation benefits and retirement
					 benefits.
Rhode Island Code of Regulations › Title 260 - Department of Labor and Training › Chapter 50 - Injured Worker Services › Subchapter 05 - Workers' Compensation › Part 3 - Rules And Regulations for Coordination of Benefits › Section 260-RICR-50-05-3.3 - Coordination of Benefits

Current through June 14, 2024
A. The employer,
				 upon notice of retirement by an employee being compensated under the Workers'
				 Compensation Act for an injury, shall notify their workers' compensation claim
				 administrator of employee's intent to retire.
B. Upon receipt of notice from the employer,
				 the claim administrator shall complete the appropriate information in Sections
				   1  through 6 on the Rhode Island Department of Labor and Training form DWC-36
				 entitled, Coordination of Retirement Benefits. The claim administrator shall
				 send the form, with the appropriate Sections completed, to the employer within
				 ten (10) days of the notice of retirement.
C. The employer, with the assistance of the
				 employee if necessary, completes Section 7, relating to retirement
				 information.
D. Upon completion of
				 Section 7, the form shall be signed by the employer (or his or her designee)
				 and by the employee attesting that the information requested has been supplied
				 and is correct to the best of their knowledge.
E. The employer or employee shall send the
				 original completed form (DWC-36) back to the claim administrator within
				 twenty-one (21) calendar days from the date of original receipt.
F. If the employee is not eligible for
				 continued benefits, the claim administrator shall check the appropriate box in
				 Section 8, print their name and date on the bottom of the form and send a copy
				 of the form to the Rhode Island Department of Labor and Training, Division of
				 Workers' Compensation, the employer, and the employee and his or her
				 attorney.
G. In the event that a
				 dispute exists regarding benefits, either party may file a petition at the
				 Workers' Compensation Court pursuant to R.I. Gen. Laws §
										28-35-11.
H. If the employee may be eligible for
				 continued benefits, the claim administrator shall complete the appropriate
				 Section(s) 9 and/or 10. In determining the offset, the following must be
				 considered.
1. If the employee did contribute
				 to their retirement benefits, Section 9 must be completed. The total amount of
				 employee's exclusive contribution is divided by the weekly retirement benefit
				 amount. The resulting figure will be the number of weeks where there is no
				 offset of workers' compensation benefits. If necessary, Section 10 would be
				 completed to determine the amount of offset that will occur after the
				 completion of the non-offset weeks.
2. If the employee did not contribute to
				 their retirement benefits, Section 10 shall be completed to determine the
				 amount of offset to the employee's workers' compensation benefits. As noted
				 above, Section 10 will also be completed to determine the amount of offset that
				 will occur after the completion of the non-offset weeks as calculated in
				 Section 9.
Rhode Island Code of Regulations › Title 260 - Department of Labor and Training › Chapter 50 - Injured Worker Services › Subchapter 05 - Workers' Compensation › Part 4 - Rules And Regulations for Palliative Care › Section 260-RICR-50-05-4.1 - Authority

Current through June 14, 2024
The following rules and regulations regarding the request
					 for additional palliative care are promulgated pursuant to R.I. Gen. Laws
					 §
										28-33-10(c).
Rhode Island Code of Regulations › Title 260 - Department of Labor and Training › Chapter 50 - Injured Worker Services › Subchapter 05 - Workers' Compensation › Part 4 - Rules And Regulations for Palliative Care › Section 260-RICR-50-05-4.2 - Purpose

Current through June 14, 2024
These rules are adopted for the purpose of regulating
					 additional requests for palliative care.