PRINTER'S NO. 775
No. 712 Session of 1989
INTRODUCED BY REGOLI, ANDREZESKI, MUSTO, SALVATORE, CORMAN,
PECORA, STOUT, SHAFFER, PORTERFIELD, REIBMAN, BODACK,
HELFRICK, LEWIS AND HESS, MARCH 20, 1989
REFERRED TO LABOR AND INDUSTRY, MARCH 20, 1989
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," increasing the death benefit.
7 The General Assembly of the Commonwealth of Pennsylvania
8 hereby enacts as follows:
9 Section 1. Section 1 of the act of June 24, 1976 (P.L.424,
10 No.101), referred to as the Emergency and Law Enforcement
11 Personnel Death Benefits Act, amended October 16, 1981 (P.L.295,
12 No.102), is amended to read:
13 Section 1. (a) In the event a law enforcement officer,
14 ambulance service or rescue squad member or firefighter is
15 killed in the performance of his duties, such political
16 subdivision within 30 days from the date of death shall submit
17 certification of such death to the Commonwealth. A volunteer
18 firefighter shall be deemed to be acting in the performance of
19 his duties for the purposes of this act going to or directly
1 returning from a fire which the fire company or fire department
2 attended including travel from and direct return to a
3 firefighter's home, place of business or other place where he or
4 she shall have been when he or she received the call or alarm or
5 while participating in instruction fire drills in which the fire
6 department or fire company shall have participated or while
7 repairing or doing other work about or on the fire apparatus or
8 buildings and grounds of the fire company or fire department
9 upon the authorization of the chief of the fire company or fire
10 department or other person in charge or while answering any
11 emergency calls for any purpose or while riding upon the fire
12 apparatus which is owned or used by the fire company or fire
13 department or while performing any other duties of such fire
14 company or fire department as authorized by the municipality or
15 while performing duties imposed by section 15, act of April 27,
16 1927 (P.L.465, No.299), referred to as the Fire and Panic Act. A
17 volunteer ambulance service or rescue squad member shall be
18 deemed to be acting in the performance of his duties for the
19 purposes of this act going to or directly returning from an
20 emergency which the ambulance service or rescue squad attended
21 including travel from and direct return to an ambulance service
22 or rescue squad member's home, place of business or other place
23 where he or she shall have been when he or she received the call
24 or alarm or while participating in drills in which the ambulance
25 service or rescue squad shall have participated or while
26 repairing or doing other work about or on any emergency vehicle
27 or buildings and grounds of the ambulance service or rescue
28 squad upon the authorization of the chief of the ambulance
29 service or rescue squad or other person in charge while
30 answering any emergency calls for any purpose or while riding
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1 upon any vehicles which are owned or used by the ambulance
2 service or rescue squad. Upon receipt of such certification, the
3 Commonwealth shall, from moneys payable out of the General Fund,
4 pay to the political subdivision the sum of [$25,000] $50,000.
5 Within five days of receipt of said sum from the Commonwealth,
6 the political subdivision shall pay such sum as a benefit to the
7 surviving spouse, or if there is no surviving spouse, to the
8 minor children of the firefighter, ambulance service or rescue
9 squad member or law enforcement officer killed in the
10 performance of duty. When no spouse or minor children survive,
11 the benefit shall be paid to the parent or parents of such
12 firefighter, ambulance service or rescue squad member or law
13 enforcement officer.
14 (b) The Commonwealth of Pennsylvania shall pay out of the
15 General Fund to the surviving spouse, or, if there is no
16 surviving spouse, the minor children of a State police officer
17 or other law enforcement officer of the Commonwealth killed in
18 the performance of his duties the sum of [$25,000] $50,000. When
19 no spouse or minor children survive, the benefit shall be paid
20 to the parent or parents of such State police officer or other
21 law enforcement officer of the Commonwealth. The benefit shall
22 be payable whether or not the officer was killed within the
23 Commonwealth of Pennsylvania.
24 Section 2. This act shall take effect immediately.
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