SENATE AMENDED
PRIOR PRINTER'S NOS. 998, 1173, 2657 PRINTER'S NO. 2658
No. 875 Session of 2005
INTRODUCED BY HUTCHINSON, SEMMEL, SATHER, CLYMER, BAKER,
BALDWIN, BARRAR, BASTIAN, BEBKO-JONES, BELARDI, BENNINGHOFF,
BOYD, BROWNE, BUNT, BUXTON, CALTAGIRONE, CAPPELLI, CAUSER,
CRUZ, CURRY, DALEY, DALLY, DENLINGER, DeWEESE, EACHUS,
D. EVANS, FABRIZIO, FAIRCHILD, FLEAGLE, FLICK, FORCIER,
FRANKEL, FREEMAN, GABIG, GEIST, GEORGE, GINGRICH, GOODMAN,
GRUCELA, GRUITZA, HALUSKA, HARHAI, HARRIS, HASAY, HENNESSEY,
HERMAN, HERSHEY, HESS, HICKERNELL, JAMES, KAUFFMAN, KILLION,
KOTIK, LEACH, LEDERER, LEH, MANN, MARKOSEK, MARSICO,
McGEEHAN, McILHATTAN, R. MILLER, NAILOR, O'NEILL, PALLONE,
PAYNE, PETRARCA, PETRONE, PHILLIPS, PYLE, REED, REICHLEY,
ROHRER, SAINATO, SAMUELSON, SCAVELLO, SCHRODER, SHANER,
B. SMITH, SOLOBAY, STERN, R. STEVENSON, TANGRETTI,
E. Z. TAYLOR, TIGUE, WALKO, WANSACZ, WATSON, WILT,
YOUNGBLOOD, ZUG, PICKETT, MELIO, HANNA AND ALLEN,
MARCH 14, 2005
AS AMENDED ON SECOND CONSIDERATION, IN SENATE,
SEPTEMBER 20, 2005
AN ACT
1 Amending the act of June 24, 1976 (P.L.424, No.101), entitled,
2 as amended, "An act providing for the payment of death
3 benefits to the surviving spouse or children or parents of
4 firefighters, ambulance service or rescue squad members, law
5 enforcement officers or National Guard members killed in the
6 performance of their duties," further providing for death
7 benefit eligibility and for definitions.
8 The General Assembly of the Commonwealth of Pennsylvania
9 hereby enacts as follows:
10 Section 1. The title of the act of June 24, 1976 (P.L.424,
11 No.101), referred to as the Emergency and Law Enforcement
12 Personnel Death Benefits Act, amended April 2, 2002 (P.L.213,
1 No.20), is amended to read:
2 AN ACT
3 Providing for the payment of death benefits to the surviving
4 spouse or children or parents of firefighters, ambulance
5 service or rescue squad members, law enforcement officers or
6 National Guard members [killed in] who died DIE as a result <--
7 of the performance of their duties.
8 Section 2. Section 1(a), (d), (e) and (f) of the act,
9 amended April 2, 2002 (P.L.213, No.20), are amended and the
10 section is amended by adding a subsection to read:
11 Section 1. (a) In the event a law enforcement officer,
12 ambulance service or rescue squad member, firefighter or
13 National Guard member [is killed in] who died DIES as a result <--
14 of the performance of his duties, such political subdivision or,
15 in the case of National Guard members, the Adjutant General,
16 within 30 days from the date of death, shall submit
17 certification of such death to the Commonwealth.
18 (a.1) A firefighter, ambulance service or rescue squad
19 member, State police officer, other law enforcement officer or <--
20 National Guard member who suffers a fatal heart attack or stroke
21 while on duty or not later than 24 hours after participating in
22 a physical training exercise or responding to an emergency is
23 presumed to have died as a result of the performance of his
24 duties for purposes of this act.
25 * * *
26 (d) Upon receipt of such certification, the Commonwealth
27 shall, from moneys payable out of the General Fund, pay to the
28 political subdivision the sum of [$50,000] $100,000, adjusted in
29 accordance with subsection (f) of this section. Within five days
30 of receipt of said sum from the Commonwealth, the political
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1 subdivision shall pay such sum as a benefit to the surviving
2 spouse, or if there is no surviving spouse, to the minor
3 children of the firefighter, ambulance service or rescue squad
4 member or law enforcement officer [killed in] who died as a
5 result of the performance of his duty. When no spouse or minor
6 children survive, the benefit shall be paid to the parent or
7 parents of such firefighter, ambulance service or rescue squad
8 member or law enforcement officer.
9 (e) The Commonwealth of Pennsylvania shall pay out of the
10 General Fund to the surviving spouse or, if there is no
11 surviving spouse, the minor children of a National Guard member,
12 State police officer or other law enforcement officer of the
13 Commonwealth [killed in] who died as a result of the performance
14 of his duties the sum of [$50,000] $100,000, adjusted in
15 accordance with subsection (f) of this section. When no spouse
16 or minor children survive, the benefit shall be paid to the
17 parent or parents of such National Guard member, State police
18 officer or other law enforcement officer of the Commonwealth.
19 The benefit shall be payable whether or not the National Guard
20 member or officer [was killed] who died as a result of the <--
21 performance of his duty within the Commonwealth of Pennsylvania.
22 (f) On July 1 [of each fiscal year beginning after January <--
23 1, [1995] 2004 1995] 2006, AND EACH JULY 1 THEREAFTER, the <--
24 Commonwealth shall adjust the level of the benefit payable
25 immediately before July 1 under subsections (d) and (e) of this
26 section to reflect the annual percentage change in the Consumer
27 Price Index for All Urban Consumers, published by the United
28 States Department of Commerce, Bureau of Labor Statistics,
29 occurring in the one-year period ending on January 1 immediately
30 preceding July 1.
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1 * * *
2 Section 3. Section 2 of the act, amended October 16, 1981
3 (P.L.295, No.102), is amended to read:
4 Section 2. "Firefighter, ambulance service or rescue squad
5 member or law enforcement officer" means a firefighter[,]; a
6 member of a volunteer fire company[,]; a member of an ambulance
7 service or rescue squad[,]; a peace officer as defined in 18
8 Pa.C.S. § 501 (relating to definitions)[,]; a public servant
9 concerned in official detention as defined in 18 Pa.C.S. § 5121
10 (relating to escape)[,]; an officer or employee of a State
11 correctional institution[,]; guards or employees of county jails
12 and prisons; or any other law enforcement officer of the
13 Commonwealth of Pennsylvania or of any political subdivision
14 thereof.
15 Section 4. The amendment or addition of section 1(a.1), (d)
16 and (e) of the act shall apply retroactively to include any
17 certificate of death of an eligible firefighter, ambulance
18 service or rescue squad member, law enforcement officer or
19 National Guard member who died as a result of the performance of
20 his or her duties filed on or after December 15, 2003.
21 Section 5. This act shall take effect as follows:
22 (1) The amendment of sections 1(d), (e) and (f) and 2 of
23 the act shall take effect in 60 days.
24 (2) The remainder of this act shall take effect
25 immediately.
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