Ronald J. and Linda Gabriel - Page 12




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               redesignation should be approved, based on all                         
               information available in the recertification (10-12K)                  
               request.  A majority vote of the [city council] will                   
               approve and authorize the request for retroactive                      
               redesignation.                                                         
               4.   Once approved by the [city council], a request for                
               retroactive redesignation is irrevocable by the                        
               member/retiree.                                                        
                       *     *     *     *     *     *     *                          
               6.   An election to request retroactive redesignation                  
               of certain disability pensions must be submitted to the                
               Chief of the Fire Department on or before March 31,                    
               2000.                                                                  
               7.   * * * It is the intent that such payments would be                
               deemed to have been paid in lieu of Worker’s                           
               Compensation and thus afford non-taxable status to the                 
               benefits paid.  The City of Cranston, however, makes no                
               warranties that the Internal Revenue Service or any                    
               other taxing jurisdiction will abide by such                           
               retroactive redesignation.                                             
               In January of 2000, after respondent had filed the motion              
          for summary judgment herein, petitioner applied for                         
          recertification and retroactive redesignation of disability                 
          payments as occupational disability payments pursuant to amended            
          section 10-12.  On March 27, 2000, his application was approved             
          by unanimous vote of the city council of Cranston.                          
               Respondent contends that the taxation of income received by            
          petitioner in 1992 should not be governed by an amendment to                
          section 10-12 enacted in 1999, nor by a certification procedure             










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