HOUSE AMENDED
PRIOR PRINTER'S NOS. 2356, 2428 PRINTER'S NO. 2538
No. 1834 Session of 1994
INTRODUCED BY MOWERY, WENGER AND SHUMAKER, SEPTEMBER 16, 1994
AS RE-REPORTED FROM COMMITTEE ON APPROPRIATIONS, HOUSE OF
REPRESENTATIVES, AS AMENDED, NOVEMBER 16, 1994
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 benefit amount.
7 AMENDING THE ACT OF JUNE 24, 1976 (P.L.424, NO.101), ENTITLED, <--
8 AS AMENDED, "AN ACT PROVIDING FOR THE PAYMENT OF DEATH
9 BENEFITS TO THE SURVIVING SPOUSE OR CHILDREN OR PARENTS OF
10 FIREFIGHTERS, AMBULANCE SERVICE OR RESCUE SQUAD MEMBERS OR
11 LAW ENFORCEMENT OFFICERS KILLED IN THE PERFORMANCE OF THEIR
12 DUTIES," INCREASING THE AMOUNT OF DEATH BENEFITS; EXTENDING
13 BENEFITS TO SURVIVORS OF HAZARDOUS MATERIAL RESPONSE TEAM
14 MEMBERS; DEFINING "KILLED"; AND PROVIDING FOR CONSTRUCTION OF
15 THE ACT.
16 The General Assembly of the Commonwealth of Pennsylvania
17 hereby enacts as follows:
18 Section 1. Section 1 of the act of June 24, 1976 (P.L.424, <--
19 No.101), referred to as the Emergency and Law Enforcement
20 Personnel Death Benefits Act, amended October 16, 1981 (P.L.295,
21 No.102), is amended to read:
22 Section 1. (a) In the event a law enforcement officer,
23 ambulance service or rescue squad member or firefighter is
1 killed in the performance of his duties, such political
2 subdivision within 30 days from the date of death shall submit
3 certification of such death to the Commonwealth. A volunteer
4 firefighter shall be deemed to be acting in the performance of
5 his duties for the purposes of this act going to or directly
6 returning from a fire which the fire company or fire department
7 attended including travel from and direct return to a
8 firefighter's home, place of business or other place where he or
9 she shall have been when he or she received the call or alarm or
10 while participating in instruction fire drills in which the fire
11 department or fire company shall have participated or while
12 repairing or doing other work about or on the fire apparatus or
13 buildings and grounds of the fire company or fire department
14 upon the authorization of the chief of the fire company or fire
15 department or other person in charge or while answering any
16 emergency calls for any purpose or while riding upon the fire
17 apparatus which is owned or used by the fire company or fire
18 department or while performing any other duties of such fire
19 company or fire department as authorized by the municipality or
20 while performing duties imposed by section 15, act of April 27,
21 1927 (P.L.465, No.299), referred to as the Fire and Panic Act. A
22 volunteer ambulance service or rescue squad member shall be
23 deemed to be acting in the performance of his duties for the
24 purposes of this act going to or directly returning from an
25 emergency which the ambulance service or rescue squad attended
26 including travel from and direct return to an ambulance service
27 or rescue squad member's home, place of business or other place
28 where he or she shall have been when he or she received the call
29 or alarm or while participating in drills in which the ambulance
30 service or rescue squad shall have participated or while
19940S1834B2538 - 2 -
1 repairing or doing other work about or on any emergency vehicle
2 or buildings and grounds of the ambulance service or rescue
3 squad upon the authorization of the chief of the ambulance
4 service or rescue squad or other person in charge while
5 answering any emergency calls for any purpose or while riding
6 upon any vehicles which are owned or used by the ambulance
7 service or rescue squad. Upon receipt of such certification, the
8 Commonwealth shall, from moneys payable out of the General Fund,
9 pay to the political subdivision the sum of [$25,000] $100,000.
10 Within five days of receipt of said sum from the Commonwealth,
11 the political subdivision shall pay such sum as a benefit to the
12 surviving spouse, or if there is no surviving spouse, to the
13 minor children of the firefighter, ambulance service or rescue
14 squad member or law enforcement officer killed in the
15 performance of duty. When no spouse or minor children survive,
16 the benefit shall be paid to the parent or parents of such
17 firefighter, ambulance service or rescue squad member or law
18 enforcement officer.
19 (b) The Commonwealth of Pennsylvania shall pay out of the
20 General Fund to the surviving spouse, or, if there is no
21 surviving spouse, the minor children of a State police officer
22 or other law enforcement officer of the Commonwealth killed in
23 the performance of his duties the sum of [$25,000] $100,000.
24 When no spouse or minor children survive, the benefit shall be
25 paid to the parent or parents of such State police officer or
26 other law enforcement officer of the Commonwealth. The benefit
27 shall be payable whether or not the officer was killed within
28 the Commonwealth of Pennsylvania.
29 SECTION 1. THE TITLE AND SECTIONS 1 AND 2 OF THE ACT OF JUNE <--
30 24, 1976 (P.L.424, NO.101), REFERRED TO AS THE EMERGENCY AND LAW
19940S1834B2538 - 3 -
1 ENFORCEMENT PERSONNEL DEATH BENEFITS ACT, AMENDED OCTOBER 16,
2 1981 (P.L.295, NO.102), ARE AMENDED TO READ:
3 AN ACT
4 PROVIDING FOR THE PAYMENT OF DEATH BENEFITS TO THE SURVIVING
5 SPOUSE OR CHILDREN OR PARENTS OF FIREFIGHTERS, HAZARDOUS
6 MATERIAL RESPONSE TEAM MEMBERS, AMBULANCE SERVICE OR RESCUE
7 SQUAD MEMBERS OR LAW ENFORCEMENT OFFICERS KILLED IN THE
8 PERFORMANCE OF THEIR DUTIES.
9 SECTION 1. (A) IN THE EVENT A LAW ENFORCEMENT OFFICER,
10 AMBULANCE SERVICE OR RESCUE SQUAD MEMBER [OR], FIREFIGHTER OR
11 HAZARDOUS MATERIAL RESPONSE TEAM MEMBER IS KILLED IN THE
12 PERFORMANCE OF HIS DUTIES, SUCH POLITICAL SUBDIVISION WITHIN 30
13 DAYS FROM THE DATE OF DEATH SHALL SUBMIT CERTIFICATION OF SUCH
14 DEATH TO THE COMMONWEALTH.
15 (B) A VOLUNTEER FIREFIGHTER SHALL BE DEEMED TO BE ACTING IN
16 THE PERFORMANCE OF HIS DUTIES FOR THE PURPOSES OF THIS ACT GOING
17 TO OR DIRECTLY RETURNING FROM A FIRE WHICH THE FIRE COMPANY OR
18 FIRE DEPARTMENT ATTENDED INCLUDING TRAVEL FROM AND DIRECT RETURN
19 TO A FIREFIGHTER'S HOME, PLACE OF BUSINESS OR OTHER PLACE WHERE
20 HE OR SHE SHALL HAVE BEEN WHEN HE OR SHE RECEIVED THE CALL OR
21 ALARM OR WHILE PARTICIPATING IN INSTRUCTION FIRE DRILLS IN WHICH
22 THE FIRE DEPARTMENT OR FIRE COMPANY SHALL HAVE PARTICIPATED OR
23 WHILE REPAIRING OR DOING OTHER WORK ABOUT OR ON THE FIRE
24 APPARATUS OR BUILDINGS AND GROUNDS OF THE FIRE COMPANY OR FIRE
25 DEPARTMENT UPON THE AUTHORIZATION OF THE CHIEF OF THE FIRE
26 COMPANY OR FIRE DEPARTMENT OR OTHER PERSON IN CHARGE OR WHILE
27 ANSWERING ANY EMERGENCY CALLS FOR ANY PURPOSE OR WHILE RIDING
28 UPON THE FIRE APPARATUS WHICH IS OWNED OR USED BY THE FIRE
29 COMPANY OR FIRE DEPARTMENT OR WHILE PERFORMING ANY OTHER DUTIES
30 OF SUCH FIRE COMPANY OR FIRE DEPARTMENT AS AUTHORIZED BY THE
19940S1834B2538 - 4 -
1 MUNICIPALITY OR WHILE PERFORMING DUTIES IMPOSED BY SECTION 15,
2 ACT OF APRIL 27, 1927 (P.L.465, NO.299), REFERRED TO AS THE FIRE
3 AND PANIC ACT.
4 (C) A VOLUNTEER AMBULANCE SERVICE OR RESCUE SQUAD MEMBER
5 SHALL BE DEEMED TO BE ACTING IN THE PERFORMANCE OF HIS DUTIES
6 FOR THE PURPOSES OF THIS ACT GOING TO OR DIRECTLY RETURNING FROM
7 AN EMERGENCY WHICH THE AMBULANCE SERVICE OR RESCUE SQUAD
8 ATTENDED INCLUDING TRAVEL FROM AND DIRECT RETURN TO AN AMBULANCE
9 SERVICE OR RESCUE SQUAD MEMBER'S HOME, PLACE OF BUSINESS OR
10 OTHER PLACE WHERE HE OR SHE SHALL HAVE BEEN WHEN HE OR SHE
11 RECEIVED THE CALL OR ALARM OR WHILE PARTICIPATING IN DRILLS IN
12 WHICH THE AMBULANCE SERVICE OR RESCUE SQUAD SHALL HAVE
13 PARTICIPATED OR WHILE REPAIRING OR DOING OTHER WORK ABOUT OR ON
14 ANY EMERGENCY VEHICLE OR BUILDINGS AND GROUNDS OF THE AMBULANCE
15 SERVICE OR RESCUE SQUAD UPON THE AUTHORIZATION OF THE CHIEF OF
16 THE AMBULANCE SERVICE OR RESCUE SQUAD OR OTHER PERSON IN CHARGE
17 WHILE ANSWERING ANY EMERGENCY CALLS FOR ANY PURPOSE OR WHILE
18 RIDING UPON ANY VEHICLES WHICH ARE OWNED OR USED BY THE
19 AMBULANCE SERVICE OR RESCUE SQUAD.
20 (C.1) A HAZARDOUS MATERIAL RESPONSE TEAM MEMBER SHALL BE
21 DEEMED TO BE ACTING IN THE PERFORMANCE OF THE MEMBER'S DUTIES
22 FOR THE PURPOSES OF THIS ACT UNDER THE FOLLOWING CIRCUMSTANCES:
23 (1) GOING TO OR DIRECTLY RETURNING FROM THE SITE OF A
24 RELEASE OR THREAT OF A RELEASE OF A HAZARDOUS MATERIAL,
25 INCLUDING TRAVEL FROM AND DIRECT RETURN TO A HAZARDOUS MATERIAL
26 RESPONSE TEAM MEMBER'S HOME, PLACE OF BUSINESS OR OTHER PLACE
27 WHERE THE MEMBER SHALL HAVE BEEN WHEN THE MEMBER RECEIVED THE
28 CALL;
29 (2) WHILE PARTICIPATING IN DRILLS IN WHICH THE HAZARDOUS
30 MATERIAL RESPONSE TEAM SHALL HAVE PARTICIPATED;
19940S1834B2538 - 5 -
1 (3) WHILE REPAIRING OR DOING OTHER WORK ABOUT OR ON
2 HAZARDOUS MATERIAL RESPONSE TEAM VEHICLES OR BUILDINGS AND
3 GROUNDS OF THE HAZARDOUS MATERIAL RESPONSE TEAM UPON THE
4 AUTHORIZATION OF THE LEADER OF THE HAZARDOUS MATERIAL RESPONSE
5 TEAM OR OTHER PERSON IN CHARGE;
6 (4) WHILE ANSWERING ANY CALLS FOR ANY PURPOSE; OR
7 (5) WHILE RIDING UPON ANY VEHICLES WHICH ARE OWNED OR USED
8 BY THE HAZARDOUS MATERIAL RESPONSE TEAM.
9 (D) UPON RECEIPT OF SUCH CERTIFICATION, THE COMMONWEALTH
10 SHALL, FROM MONEYS PAYABLE OUT OF THE GENERAL FUND, PAY TO THE
11 POLITICAL SUBDIVISION THE SUM OF [$25,000.] $50,000, ADJUSTED IN
12 ACCORDANCE WITH SUBSECTION (F) OF THIS SECTION. WITHIN FIVE DAYS
13 OF RECEIPT OF SAID SUM FROM THE COMMONWEALTH, THE POLITICAL
14 SUBDIVISION SHALL PAY SUCH SUM AS A BENEFIT TO THE SURVIVING
15 SPOUSE, OR IF THERE IS NO SURVIVING SPOUSE, TO THE MINOR
16 CHILDREN OF THE FIREFIGHTER, AMBULANCE SERVICE OR RESCUE SQUAD
17 MEMBER, HAZARDOUS MATERIAL RESPONSE TEAM MEMBER OR LAW
18 ENFORCEMENT OFFICER KILLED IN THE PERFORMANCE OF DUTY. WHEN NO
19 SPOUSE OR MINOR CHILDREN SURVIVE, THE BENEFIT SHALL BE PAID TO
20 THE PARENT OR PARENTS OF SUCH FIREFIGHTER, AMBULANCE SERVICE OR
21 RESCUE SQUAD MEMBER, HAZARDOUS MATERIAL RESPONSE TEAM MEMBER OR
22 LAW ENFORCEMENT OFFICER.
23 (E) THE COMMONWEALTH OF PENNSYLVANIA SHALL PAY OUT OF THE
24 GENERAL FUND TO THE SURVIVING SPOUSE, OR, IF THERE IS NO
25 SURVIVING SPOUSE, THE MINOR CHILDREN OF A STATE POLICE OFFICER
26 OR OTHER LAW ENFORCEMENT OFFICER OF THE COMMONWEALTH KILLED IN
27 THE PERFORMANCE OF HIS DUTIES THE SUM OF [$25,000.] $50,000,
28 ADJUSTED IN ACCORDANCE WITH SUBSECTION (F) OF THIS SECTION. WHEN
29 NO SPOUSE OR MINOR CHILDREN SURVIVE, THE BENEFIT SHALL BE PAID
30 TO THE PARENT OR PARENTS OF SUCH STATE POLICE OFFICER OR OTHER
19940S1834B2538 - 6 -
1 LAW ENFORCEMENT OFFICER OF THE COMMONWEALTH. THE BENEFIT SHALL
2 BE PAYABLE WHETHER OR NOT THE OFFICER WAS KILLED WITHIN THE
3 COMMONWEALTH OF PENNSYLVANIA.
4 (F) ON JULY 1 OF EACH FISCAL YEAR BEGINNING AFTER JANUARY 1,
5 1995, THE COMMONWEALTH SHALL ADJUST THE LEVEL OF THE BENEFIT
6 PAYABLE IMMEDIATELY BEFORE JULY 1 UNDER SUBSECTIONS (D) AND (E)
7 OF THIS SECTION TO REFLECT THE ANNUAL PERCENTAGE CHANGE IN THE
8 CONSUMER PRICE INDEX FOR ALL URBAN CONSUMERS, PUBLISHED BY THE
9 UNITED STATES DEPARTMENT OF COMMERCE, BUREAU OF LABOR
10 STATISTICS, OCCURRING IN THE ONE-YEAR PERIOD ENDING ON JANUARY 1
11 IMMEDIATELY PRECEDING JULY 1.
12 SECTION 2. AS USED IN THIS ACT:
13 "FIREFIGHTER, AMBULANCE SERVICE OR RESCUE SQUAD MEMBER,
14 HAZARDOUS MATERIAL RESPONSE TEAM MEMBER OR LAW ENFORCEMENT
15 OFFICER" MEANS [A]:
16 (1) A FIREFIGHTER[,] OR MEMBER OF A VOLUNTEER FIRE
17 COMPANY[,].
18 (2) A MEMBER OF AN AMBULANCE SERVICE OR RESCUE SQUAD[,].
19 (3) A PEACE OFFICER AS DEFINED IN 18 PA.C.S. § 501 (RELATING
20 TO DEFINITIONS)[,].
21 (4) A PUBLIC SERVANT CONCERNED IN OFFICIAL DETENTION AS
22 DEFINED IN 18 PA.C.S. § 5121 (RELATING TO ESCAPE)[, AN].
23 (5) AN OFFICER OR EMPLOYEE OF A STATE CORRECTIONAL
24 INSTITUTION[,] OR GUARDS OR EMPLOYEES OF COUNTY JAILS AND
25 PRISONS [OR].
26 (6) ANY OTHER LAW ENFORCEMENT OFFICER OF THE COMMONWEALTH OF
27 PENNSYLVANIA OR OF ANY POLITICAL SUBDIVISION THEREOF.
28 (7) A MEMBER OF A HAZARDOUS MATERIAL RESPONSE TEAM WHICH IS
29 ORGANIZED BY A COMMONWEALTH AGENCY, A LOCAL AGENCY, A REGIONAL
30 HAZARDOUS MATERIAL ORGANIZATION OR A VOLUNTEER SERVICE
19940S1834B2538 - 7 -
1 ORGANIZATION FOR THE PRIMARY PURPOSE OF PROVIDING EMERGENCY
2 SERVICES TO MITIGATE ACTUAL OR POTENTIAL IMMEDIATE THREATS TO
3 PUBLIC HEALTH AND THE ENVIRONMENT IN RESPONSE TO THE RELEASE OR
4 THREAT OF A RELEASE OF A HAZARDOUS MATERIAL AND CERTIFIED,
5 TRAINED AND EQUIPPED IN ACCORDANCE WITH THE ACT OF DECEMBER 7,
6 1990 (P.L.639, NO.165), KNOWN AS THE "HAZARDOUS MATERIAL
7 EMERGENCY PLANNING AND RESPONSE ACT."
8 "KILLED" MEANS CESSATION OF ALL BODILY FUNCTIONS CAUSED BY
9 ANY WOUND, ACCIDENT, DISEASE OR STRAIN ARISING OR INCURRED
10 DURING THE PERFORMANCE OF ANY OFFICIAL DUTY OR ACTIVITY.
11 SECTION 2. THE ACT IS AMENDED BY ADDING A SECTION TO READ:
12 SECTION 2.1. THIS ACT SHALL BE BROADLY CONSTRUED TO GRANT
13 BENEFITS TO FIREFIGHTERS, AMBULANCE SERVICE OR RESCUE SQUAD
14 MEMBERS, HAZARDOUS MATERIAL RESPONSE TEAM MEMBERS OR LAW
15 ENFORCEMENT OFFICERS FOR DEATHS RELATED TO THE PERFORMANCE OF
16 THEIR DUTIES.
17 Section 2 3. The amendment of section 1 of the act shall be <--
18 retroactive to January 1, 1994 JULY 1, 1994. <--
19 Section 3 4. This act shall take effect immediately. <--
H30L40DGS/19940S1834B2538 - 8 -