Rhode Island General Laws

R.I. Gen. Laws § 36-10-14 (2026)

Retirement for accidental disability

✓ current as of July 2026

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(a) Medical examination of an active member for accidental disability and investigation of all statements and certificates by him or her or in his or her behalf in connection therewith shall be made upon the application of the head of the department in which the member is employed or upon application of the member, or of a person acting in his or her behalf, stating that the member is physically or mentally incapacitated for the performance of service as a natural and proximate result of an accident while in the performance of duty, and certify the definite time, place, and conditions of the duty performed by the member resulting in the alleged disability, and that the alleged disability is not the result of willful negligence or misconduct on the part of the member, and is not the result of age or length of service, and that the member should, therefore, be retired.

(b) The application shall be made within five (5) years of the alleged accident from which the injury has resulted in the members present disability and shall be accompanied by an accident report and a physicians report certifying to the disability; provided that if the member was able to return to his or her employment and subsequently reinjures or aggravates the same injury, the application shall be made within the later of five (5) years of the alleged accident or three (3) years of the reinjury or aggravation. The application may also state the member is permanently and totally disabled from any employment.

(c) If a medical examination conducted by three (3) physicians engaged by the retirement board and such investigation as the retirement board may desire to make shall show that the member is physically or mentally incapacitated for the performance of service as a natural and proximate result of an accident, while in the performance of duty, and that the disability is not the result of willful negligence or misconduct on the part of the member, and is not the result of age or length of service, and that the member has not attained the age of sixty-five (65), and that the member should be retired, the physicians who conducted the examination shall so certify to the retirement board stating the time, place, and conditions of service performed by the member resulting in the disability and the retirement board may grant the member an accidental disability benefit.

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

Notes of Decisions

Cited in 4 cases (1 in the last 5 years), 2003–2026 · leading case: Rossi v. Employees' Ret. Sys., 895 A.2d 106 (R.I. 2006).

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Rossi v. Employees' Ret. Sys., 895 A.2d 106 (R.I. 2006). · cites it 20× “Pursuant to G.L.1956 § 36-10-14, Rossi applied for accidental disability retirement.”

Iselin v. Ret. Bd. of the Employees' Ret. Sys., 943 A.2d 1045 (R.I. 2008). · cites it 12× “The plaintiff has appealed to this Court, contending that the trial justice erred by failing to toll the statute of limitations for accidental disability pensions under G.L. 1956 § 36-10-14(b), because of the plaintiffs alleged incapacity.”

Ciambrone v. Coia & Lepore, Ltd., 819 A.2d 207 (R.I. 2003). · cites it 4× “In reality, pursuant to G.L. 1956 § 36-10-14, when Coia allegedly ren *209 dered this incorrect advice, the time to apply for a disability pension — three years from the date of injury or recurrence— already had expired.”

Sean M. O'Connell v. Employees' Ret. Sys. of Rhode Island (R.I. 2026). · cites it 7× “See § 36-10-14. The state retirement system’s accidental disability provision is silent with regard to a state employee’s right to appeal a denial of their pension to the WCC, however.”

— R.I. Gen. Laws § 36-10-14(a) — 1 case

Rossi v. Employees' Ret. Sys., 895 A.2d 106 (R.I. 2006). “Pursuant to G.L.1956 § 36-10-14, Rossi applied for accidental disability retirement.”

— R.I. Gen. Laws § 36-10-14(b) — 3 cases

Iselin v. Ret. Bd. of the Employees' Ret. Sys., 943 A.2d 1045 (R.I. 2008). “The plaintiff has appealed to this Court, contending that the trial justice erred by failing to toll the statute of limitations for accidental disability pensions under G.L. 1956 § 36-10-14(b), because of the plaintiffs alleged incapacity.”

Rossi v. Employees' Ret. Sys., 895 A.2d 106 (R.I. 2006). “Pursuant to G.L.1956 § 36-10-14, Rossi applied for accidental disability retirement.”

Sean M. O'Connell v. Employees' Ret. Sys. of Rhode Island (R.I. 2026). “See § 36-10-14. The state retirement system’s accidental disability provision is silent with regard to a state employee’s right to appeal a denial of their pension to the WCC, however.”

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