Rhode Island General Laws

R.I. Gen. Laws § 45-21-31 (2026)

Offset of workers’ compensation or personal injury recovery

✓ current as of July 2026
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Any amounts paid or payable under the provisions of any workers’ compensation law, exclusive of Medicare set aside allocation, specific compensation benefits or any benefits due pursuant to the terms of a collective bargaining agreement or as the result of any action for damages for personal injuries against the municipality by which the member was employed, on account of death or disability of a member occurring while in the performance of duty, are offset against and payable in lieu of any benefits payable out of funds provided by the municipality under the provisions of this chapter on account of the death or disability of the member. If the value of the total commuted benefits under any workers’ compensation law or action is less than the actuarial reserve on the benefits otherwise payable from funds provided by the municipality under this chapter, the value of the commuted payments is deducted from the actuarial reserve, and the benefits that may be provided by the actuarial reserve so reduced are payable under the provisions of this chapter.

Notes of Decisions
Cited in 2 cases (1 in the last 5 years), 2018–2021 · leading case: John R. Grasso v. Gina Raimondo, 177 A.3d 482 (R.I. 2018).
John R. Grasso v. Gina Raimondo, 177 A.3d 482 (R.I. 2018). · cites it 8× “” 4 Section 45-21-22 provides as follows: “Upon retirement for accidental disability, a member receives a retirement allowance equal to sixty-six and two-thirds percent (66 2/3%) of the rate of the member’s compensation at the date of the member’s retirement subject to the…”
Timothy Koback v. Mun. Employees' Ret. Sys. of Rhode Island (R.I. 2021). ““(k) If the court determines that a member qualifies for accidental disability retirement, the member shall receive a retirement allowance equal to sixty-six and two-thirds percent (66 2/3 %) of the rate of the member’s compensation at the date of the member’s retirement,…”
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