PRIOR PRINTER'S NO. 3157 PRINTER'S NO. 4311
No. 2295 Session of 2002
INTRODUCED BY SOLOBAY, COSTA, FRANKEL, MANN, YUDICHAK, BELARDI,
M. COHEN, COY, DeLUCA, DeWEESE, KELLER, LESCOVITZ, MELIO,
SHANER, STABACK, SURRA, TRAVAGLIO, WOJNAROSKI, ALLEN,
BASTIAN, BEBKO-JONES, BELFANTI, BROWNE, BUNT, CAPPELLI,
CASORIO, CLYMER, CREIGHTON, CRUZ, FAIRCHILD, FLEAGLE, GEORGE,
GRUITZA, HALUSKA, HERMAN, HUTCHINSON, JADLOWIEC, LAUGHLIN,
LEH, LEVDANSKY, LUCYK, MARKOSEK, MAYERNIK, McILHATTAN,
PHILLIPS, RAYMOND, READSHAW, RUBLEY, SANTONI, SATHER,
E. Z. TAYLOR, WALKO, YOUNGBLOOD, TURZAI, O'BRIEN, TANGRETTI,
GRUCELA, HESS, HARHAI, PICKETT, SCRIMENTI, PISTELLA, ROBERTS,
PETRARCA, R. MILLER, STURLA, WANSACZ, MUNDY, McCALL, FREEMAN,
SAINATO, GEIST, ROSS, PIPPY, T. ARMSTRONG, BARRAR, CIVERA,
McGEEHAN, JOSEPHS, WASHINGTON, MAHER, J. TAYLOR, JAMES,
PALLONE, L. I. COHEN, ADOLPH, STEELMAN, COLEMAN, CURRY AND
J. WILLIAMS, JANUARY 23, 2002
AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF
REPRESENTATIVES, AS AMENDED, SEPTEMBER 24, 2002
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," further providing for the amount and funding of
7 death benefit payable AND FOR DEFINITIONS. <--
8 The General Assembly of the Commonwealth of Pennsylvania
9 hereby enacts as follows:
10 Section 1. Section 1(d), (e) and (f) of the act of June 24,
11 1976 (P.L.424, No.101), referred to as the Emergency and Law
12 Enforcement Personnel Death Benefits Act, amended December 27, <--
13 1994 (P.L.1373, No.161) APRIL 2, 2002 (P.L.213, NO.20), are <--
1 amended to read:
2 Section 1. * * *
3 (d) Upon receipt of such certification, the Commonwealth
4 shall, from moneys payable out of the General Fund, pay to the
5 political subdivision the sum of [$50,000] $100,000, adjusted in
6 accordance with subsection (f) of this section. Within five days
7 of receipt of said sum from the Commonwealth, the political
8 subdivision shall pay such sum as a benefit to the surviving
9 spouse, or if there is no surviving spouse, to the minor
10 children of the firefighter, ambulance service or rescue squad
11 member or law enforcement officer killed in the performance of
12 duty. When no spouse or minor children survive, the benefit
13 shall be paid to the parent or parents of such firefighter,
14 ambulance service or rescue squad member or law enforcement
15 officer.
16 (e) The Commonwealth of Pennsylvania shall pay out of the
17 General Fund to the surviving spouse or, if there is no
18 surviving spouse, the minor children of a NATIONAL GUARD MEMBER, <--
19 State police officer or other law enforcement officer of the
20 Commonwealth killed in the performance of his duties the sum of
21 [$50,000] $100,000, adjusted in accordance with subsection (f)
22 of this section. When no spouse or minor children survive, the
23 benefit shall be paid to the parent or parents of such NATIONAL <--
24 GUARD MEMBER, State police officer or other law enforcement
25 officer of the Commonwealth. The benefit shall be payable
26 whether or not the NATIONAL GUARD MEMBER OR officer was killed <--
27 within the Commonwealth of Pennsylvania.
28 (f) On July 1 of each fiscal year beginning after January 1,
29 [1995] 2003, the Commonwealth shall adjust the level of the
30 benefit payable immediately before July 1 under subsections (d)
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1 and (e) of this section to reflect the annual percentage change
2 in the Consumer Price Index for All Urban Consumers, published
3 by the United States Department of Commerce, Bureau of Labor
4 Statistics, occurring in the one-year period ending on January 1
5 immediately preceding July 1.
6 SECTION 2. SECTION 2 OF THE ACT, AMENDED OCTOBER 16, 1981 <--
7 (P.L.295, NO.102), IS AMENDED TO READ:
8 SECTION 2. "FIREFIGHTER, AMBULANCE SERVICE OR RESCUE SQUAD
9 MEMBER OR LAW ENFORCEMENT OFFICER" MEANS A FIREFIGHTER,
10 INCLUDING A FIRE MARSHALL; A MEMBER OF A VOLUNTEER FIRE
11 COMPANY[,]; A MEMBER OF AN AMBULANCE SERVICE OR RESCUE SQUAD[,];
12 A PEACE OFFICER AS DEFINED IN 18 PA.C.S. § 501 (RELATING TO
13 DEFINITIONS)[,]; A PUBLIC SERVANT CONCERNED IN OFFICIAL
14 DETENTION AS DEFINED IN 18 PA.C.S. § 5121 (RELATING TO
15 ESCAPE)[,]; AN OFFICER OR EMPLOYEE OF A STATE CORRECTIONAL
16 INSTITUTION[,]; GUARDS OR EMPLOYEES OF COUNTY JAILS AND PRISONS;
17 OR ANY OTHER LAW ENFORCEMENT OFFICER OF THE COMMONWEALTH OF
18 PENNSYLVANIA OR OF ANY POLITICAL SUBDIVISION THEREOF.
19 Section 2 3. This act shall take effect in 60 days. <--
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