PRIOR PRINTER'S NOS. 3172, 3425 PRINTER'S NO. 3536
No. 2285 Session of 2003
INTRODUCED BY HUTCHINSON, SEMMEL, TIGUE, SATHER, SOLOBAY,
BALDWIN, BARD, BASTIAN, BEBKO-JONES, BELFANTI, BENNINGHOFF,
CAPPELLI, CAUSER, CLYMER, COLEMAN, COY, DALEY, DALLY,
DENLINGER, DeWEESE, J. EVANS, FORCIER, GEIST, GEORGE,
GERGELY, GODSHALL, GOOD, GRUCELA, HALUSKA, HARHAI, HARRIS,
HASAY, HERMAN, HESS, HICKERNELL, KILLION, KIRKLAND, LEACH,
LEDERER, MACKERETH, MARSICO, McGEEHAN, NAILOR, O'NEILL,
PAYNE, PETRARCA, SCAVELLO, B. SMITH, STERN, R. STEVENSON,
TANGRETTI, E. Z. TAYLOR, THOMAS, WANSACZ, WATSON, WEBER,
WILT, YOUNGBLOOD, YUDICHAK, ZUG, BROWNE, SAYLOR, GOODMAN AND
SAMUELSON, DECEMBER 23, 2003
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
MARCH 23, 2004
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,
13 No.20), is amended to read:
14 AN ACT
15 Providing for the payment of death benefits to the surviving
1 spouse or children or parents of firefighters, ambulance
2 service or rescue squad members, law enforcement officers or
3 National Guard members [killed in] who died as a result of
4 the performance of their duties.
5 Section 2. Section 1(a), (D), (E) AND (F) of the act, <--
6 amended April 2, 2002 (P.L.213, No.20), is ARE amended and the <--
7 section is amended by adding a subsection to read:
8 Section 1. (a) In the event a law enforcement officer,
9 ambulance service or rescue squad member, firefighter or
10 National Guard member [is killed in] died as a result of the
11 performance of his duties, such political subdivision or, in the
12 case of National Guard members, the Adjutant General, within 30
13 days from the date of death, shall submit certification of such
14 death to the Commonwealth.
15 (a.1) A firefighter, ambulance service or rescue squad
16 member, law enforcement officer or National Guard member who
17 suffers a fatal heart attack or stroke while on duty or not
18 later than 24 hours after participating in a physical training
19 exercise or responding to an emergency is presumed to have died
20 as a result of the performance of his duties for purposes of
21 this act.
22 * * *
23 (D) UPON RECEIPT OF SUCH CERTIFICATION, THE COMMONWEALTH <--
24 SHALL, FROM MONEYS PAYABLE OUT OF THE GENERAL FUND, PAY TO THE
25 POLITICAL SUBDIVISION THE SUM OF [$50,000] $100,000, ADJUSTED IN
26 ACCORDANCE WITH SUBSECTION (F) OF THIS SECTION. WITHIN FIVE DAYS
27 OF RECEIPT OF SAID SUM FROM THE COMMONWEALTH, THE POLITICAL
28 SUBDIVISION SHALL PAY SUCH SUM AS A BENEFIT TO THE SURVIVING
29 SPOUSE, OR IF THERE IS NO SURVIVING SPOUSE, TO THE MINOR
30 CHILDREN OF THE FIREFIGHTER, AMBULANCE SERVICE OR RESCUE SQUAD
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1 MEMBER OR LAW ENFORCEMENT OFFICER KILLED IN THE PERFORMANCE OF
2 DUTY. WHEN NO SPOUSE OR MINOR CHILDREN SURVIVE, THE BENEFIT
3 SHALL BE PAID TO THE PARENT OR PARENTS OF SUCH FIREFIGHTER,
4 AMBULANCE SERVICE OR RESCUE SQUAD MEMBER OR LAW ENFORCEMENT
5 OFFICER.
6 (E) THE COMMONWEALTH OF PENNSYLVANIA SHALL PAY OUT OF THE
7 GENERAL FUND TO THE SURVIVING SPOUSE OR, IF THERE IS NO
8 SURVIVING SPOUSE, THE MINOR CHILDREN OF A NATIONAL GUARD MEMBER,
9 STATE POLICE OFFICER OR OTHER LAW ENFORCEMENT OFFICER OF THE
10 COMMONWEALTH KILLED IN THE PERFORMANCE OF HIS DUTIES THE SUM OF
11 [$50,000] $100,000, ADJUSTED IN ACCORDANCE WITH SUBSECTION (F)
12 OF THIS SECTION. WHEN NO SPOUSE OR MINOR CHILDREN SURVIVE, THE
13 BENEFIT SHALL BE PAID TO THE PARENT OR PARENTS OF SUCH NATIONAL
14 GUARD MEMBER, STATE POLICE OFFICER OR OTHER LAW ENFORCEMENT
15 OFFICER OF THE COMMONWEALTH. THE BENEFIT SHALL BE PAYABLE
16 WHETHER OR NOT THE NATIONAL GUARD MEMBER OR OFFICER WAS KILLED
17 WITHIN THE COMMONWEALTH OF PENNSYLVANIA.
18 (F) ON JULY 1 OF EACH FISCAL YEAR BEGINNING AFTER JANUARY 1,
19 [1995] 2004, THE COMMONWEALTH SHALL ADJUST THE LEVEL OF THE
20 BENEFIT PAYABLE IMMEDIATELY BEFORE JULY 1 UNDER SUBSECTIONS (D)
21 AND (E) OF THIS SECTION TO REFLECT THE ANNUAL PERCENTAGE CHANGE
22 IN THE CONSUMER PRICE INDEX FOR ALL URBAN CONSUMERS, PUBLISHED
23 BY THE UNITED STATES DEPARTMENT OF COMMERCE, BUREAU OF LABOR
24 STATISTICS, OCCURRING IN THE ONE-YEAR PERIOD ENDING ON JANUARY 1
25 IMMEDIATELY PRECEDING JULY 1.
26 * * *
27 Section 3. This act shall take effect immediately. <--
28 SECTION 3. SECTION 2 OF THE ACT, AMENDED OCTOBER 16, 1981 <--
29 (P.L.295, NO.102), IS AMENDED TO READ:
30 SECTION 2. "FIREFIGHTER, AMBULANCE SERVICE OR RESCUE SQUAD
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1 MEMBER OR LAW ENFORCEMENT OFFICER" MEANS A FIREFIGHTER[,]; A
2 MEMBER OF A VOLUNTEER FIRE COMPANY[,]; A MEMBER OF AN AMBULANCE
3 SERVICE OR RESCUE SQUAD[,]; A PEACE OFFICER AS DEFINED IN 18
4 PA.C.S. § 501 (RELATING TO DEFINITIONS)[,]; A PUBLIC SERVANT
5 CONCERNED IN OFFICIAL DETENTION AS DEFINED IN 18 PA.C.S. § 5121
6 (RELATING TO ESCAPE)[,]; AN OFFICER OR EMPLOYEE OF A STATE
7 CORRECTIONAL INSTITUTION[,]; GUARDS OR EMPLOYEES OF COUNTY JAILS
8 AND PRISONS; OR ANY OTHER LAW ENFORCEMENT OFFICER OF THE
9 COMMONWEALTH OF PENNSYLVANIA OR OF ANY POLITICAL SUBDIVISION
10 THEREOF.
11 SECTION 4. THIS ACT SHALL TAKE EFFECT AS FOLLOWS:
12 (1) THE AMENDMENT OF SECTIONS 1(D), (E) AND (F) AND 2 OF
13 THE ACT SHALL TAKE EFFECT IN 60 DAYS.
14 (2) THE REMAINDER OF THIS ACT SHALL TAKE EFFECT
15 IMMEDIATELY.
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