PRINTER'S NO. 1844
No. 1520 Session of 2001
INTRODUCED BY NAILOR, SEMMEL, LUCYK, MARSICO, ADOLPH, M. BAKER, BARD, BARRAR, BELARDI, BELFANTI, BROWNE, BUNT, CALTAGIRONE, CAPPABIANCA, CAPPELLI, CLYMER, L. I. COHEN, CORRIGAN, COY, CRUZ, DALEY, DERMODY, EGOLF, FICHTER, FLICK, FRANKEL, FREEMAN, GABIG, GEIST, GEORGE, HARHAI, HARHART, HASAY, HENNESSEY, HERSHEY, HESS, HORSEY, KENNEY, LEDERER, LEH, MAITLAND, MAJOR, MANN, MAYERNIK, McCALL, McILHATTAN, R. MILLER, S. MILLER, PALLONE, PHILLIPS, PIPPY, PISTELLA, ROBERTS, ROHRER, ROSS, RUBLEY, SAINATO, SAMUELSON, SATHER, SAYLOR, SCHULER, SHANER, B. SMITH, SOLOBAY, STABACK, STERN, SURRA, E. Z. TAYLOR, J. TAYLOR, THOMAS, TRAVAGLIO, WALKO, WATERS, WATSON, WILT, WOJNAROSKI, YOUNGBLOOD, YUDICHAK, ZUG AND MACKERETH, MAY 3, 2001
REFERRED TO COMMITTEE ON VETERANS AFFAIRS AND EMERGENCY PREPAREDNESS, MAY 3, 2001
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 or 5 law enforcement officers killed in the performance of their 6 duties," extending benefits to certain National Guard 7 members. 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 October 16, 1981 (P.L.295, 13 No.102), is amended to read: 14 AN ACT
1 Providing for the payment of death benefits to the surviving 2 spouse or children or parents of firefighters, ambulance 3 service or rescue squad members [or], law enforcement 4 officers or National Guard members killed in the performance 5 of their duties. 6 Section 2. Sections 1 and 2.1 of the act, amended or added 7 December 27, 1994 (P.L.1373, No.161), are amended to read: 8 Section 1. (a) In the event a law enforcement officer, 9 ambulance service or rescue squad member [or], firefighter or 10 National Guard member is killed in the performance of his 11 duties, such political subdivision within 30 days from the date 12 of death shall submit certification of such death to the 13 Commonwealth. 14 (b) A volunteer firefighter shall be deemed to be acting in 15 the performance of his duties for the purposes of this act going 16 to or directly returning from a fire which the fire company or 17 fire department attended including travel from and direct return 18 to a firefighter's home, place of business or other place where 19 he or she shall have been when he or she received the call or 20 alarm or while participating in instruction fire drills in which 21 the fire department or fire company shall have participated or 22 while repairing or doing other work about or on the fire 23 apparatus or buildings and grounds of the fire company or fire 24 department upon the authorization of the chief of the fire 25 company or fire department or other person in charge or while 26 answering any emergency calls for any purpose or while riding 27 upon the fire apparatus which is owned or used by the fire 28 company or fire department or while performing any other duties 29 of such fire company or fire department as authorized by the 30 municipality or while performing duties imposed by section 15, 20010H1520B1844 - 2 -
1 act of April 27, 1927 (P.L.465, No.299), referred to as the Fire 2 and Panic Act. 3 (c) A volunteer ambulance service or rescue squad member 4 shall be deemed to be acting in the performance of his duties 5 for the purposes of this act going to or directly returning from 6 an emergency which the ambulance service or rescue squad 7 attended including travel from and direct return to an ambulance 8 service or rescue squad member's home, place of business or 9 other place where he or she shall have been when he or she 10 received the call or alarm or while participating in drills in 11 which the ambulance service or rescue squad shall have 12 participated or while repairing or doing other work about or on 13 any emergency vehicle or buildings and grounds of the ambulance 14 service or rescue squad upon the authorization of the chief of 15 the ambulance service or rescue squad or other person in charge 16 while answering any emergency calls for any purpose or while 17 riding upon any vehicles which are owned or used by the 18 ambulance service or rescue squad. 19 (d) Upon receipt of such certification, the Commonwealth 20 shall, from moneys payable out of the General Fund, pay to the 21 political subdivision the sum of $50,000, adjusted in accordance 22 with subsection (f) of this section. Within five days of receipt 23 of said sum from the Commonwealth, the political subdivision 24 shall pay such sum as a benefit to the surviving spouse, or if 25 there is no surviving spouse, to the minor children of the 26 firefighter, ambulance service or rescue squad member [or], law 27 enforcement officer or National Guard member killed in the 28 performance of duty. When no spouse or minor children survive, 29 the benefit shall be paid to the parent or parents of such 30 firefighter, ambulance service or rescue squad member [or], law 20010H1520B1844 - 3 -
1 enforcement officer or National Guard member. 2 (e) The Commonwealth of Pennsylvania shall pay out of the 3 General Fund to the surviving spouse, or, if there is no 4 surviving spouse, the minor children of a State police officer 5 or other law enforcement officer of the Commonwealth killed in 6 the performance of his duties the sum of $50,000, adjusted in 7 accordance with subsection (f) of this section. When no spouse 8 or minor children survive, the benefit shall be paid to the 9 parent or parents of such State police officer or other law 10 enforcement officer of the Commonwealth. The benefit shall be 11 payable whether or not the officer was killed within the 12 Commonwealth of Pennsylvania. 13 (f) On July 1 of each fiscal year beginning after January 1, 14 1995, the Commonwealth shall adjust the level of the benefit 15 payable immediately before July 1 under subsections (d) and (e) 16 of this section to reflect the annual percentage change in the 17 Consumer Price Index for All Urban Consumers, published by the 18 United States Department of Commerce, Bureau of Labor 19 Statistics, occurring in the one-year period ending on January 1 20 immediately preceding July 1. 21 (g) A National Guard member shall be deemed to be acting in 22 the performance of his duties for the purposes of this act when 23 going to or directly returning from a period of active State 24 duty for emergency which is ordered by the Governor as 25 Commander-in-Chief in accordance with 51 Pa.C.S. § 508 (relating 26 to active State duty for emergency). 27 Section 2.1. This act shall be broadly construed to grant 28 benefits to firefighters, ambulance service or rescue squad 29 members [or], law enforcement officers or National Guard 30 personnel for deaths related to the performance of their duties. 20010H1520B1844 - 4 -
1 Section 3. This act shall take effect in 60 days. D4L40JLW/20010H1520B1844 - 5 -