SENATE AMENDED
PRIOR PRINTER'S NOS. 141, 232
PRINTER'S NO. 566
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
152
Session of
2015
INTRODUCED BY TALLMAN, SAYLOR, MILLARD, GRELL, KNOWLES,
DRISCOLL, D. COSTA, BARRAR, R. BROWN, DONATUCCI, DIAMOND,
KORTZ, READSHAW, COHEN, FARRY, GILLEN, DAVIS, SIMS, BROWNLEE,
KIRKLAND, DAWKINS, BURNS AND MURT, JANUARY 22, 2015
SENATOR VULAKOVICH, VETERANS AFFAIRS AND EMERGENCY PREPAREDNESS,
IN SENATE, AS AMENDED, FEBRUARY 18, 2015
AN ACT
Amending the act of June 24, 1976 (P.L.424, No.101), entitled,
as amended, "An act providing for the payment of death
benefits to the surviving spouse or children or parents of
firefighters, ambulance service or rescue squad members, law
enforcement officers or National Guard members who die as a
result of the performance of their duties," providing for the
payment of death benefits.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 1(a) of the act of June 24, 1976
(P.L.424, No.101), referred to as the Emergency and Law
Enforcement Personnel Death Benefits Act, amended October 9,
2009 (P.L.588, No.51), is amended to read:
Section 1. (a) In the event a law enforcement officer,
ambulance service or rescue squad member, firefighter, certified
hazardous material response team member or National Guard member
dies as a result of the performance of his duties, [such
political subdivision, Commonwealth agency or, in the case of
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National Guard members, the Adjutant General, or, in the case of
a member of a Commonwealth law enforcement agency, the
authorized survivor or the agency head, within [90 days] three
years from the date of death, shall submit certification of such
death to the Commonwealth.] AN APPLICATION, INCLUDING A
CERTIFICATION OF DEATH, SHALL BE MADE TO THE DEPARTMENT WITHIN
THREE YEARS OF THE DATE OF SUCH DEATH BY ANY OF THE FOLLOWING:
(1) A POLITICAL SUBDIVISION.
(2) A COMMONWEALTH AGENCY.
(3) IN THE CASE OF NATIONAL GUARD MEMBERS, THE ADJUTANT
GENERAL.
(4) IN THE CASE OF A MEMBER OF A COMMONWEALTH LAW
ENFORCEMENT AGENCY, THE AGENCY HEAD.
(5) IN THE CASE OF A CAMPUS POLICE OFFICER, THE UNIVERSITY
OR COLLEGE PRESIDENT.
(6) ANY SURVIVOR ELIGIBLE FOR PAYMENT OF BENEFITS UNDER THIS
ACT, OR INDIVIDUAL AUTHORIZED TO ACT ON THE SURVIVOR'S BEHALF.
* * *
SECTION 2. THE DEFINITION OF "FIREFIGHTER, AMBULANCE SERVICE
OR RESCUE SQUAD MEMBER OR LAW ENFORCEMENT OFFICER" IN SECTION 2
OF THE ACT, AMENDED OCTOBER 6, 2005 (P.L.319, NO.59), IS AMENDED
AND THE SECTION IS AMENDED BY ADDING A DEFINITION TO READ:
SECTION 2. THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS
ACT SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS
THE CONTEXT CLEARLY INDICATES OTHERWISE:
* * *
"DEPARTMENT." THE DEPARTMENT OF GENERAL SERVICES OF THE
COMMONWEALTH.
"FIREFIGHTER, AMBULANCE SERVICE OR RESCUE SQUAD MEMBER OR LAW
ENFORCEMENT OFFICER" MEANS A FIREFIGHTER; A MEMBER OF A
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VOLUNTEER FIRE COMPANY; A MEMBER OF AN AMBULANCE SERVICE OR
RESCUE SQUAD; A PEACE OFFICER AS DEFINED IN 18 PA.C.S. § 501
(RELATING TO DEFINITIONS); A PUBLIC SERVANT CONCERNED IN
OFFICIAL DETENTION AS DEFINED IN 18 PA.C.S. § 5121 (RELATING TO
ESCAPE); AN OFFICER OR EMPLOYEE OF A STATE CORRECTIONAL
INSTITUTION; GUARDS OR EMPLOYEES OF COUNTY JAILS AND PRISONS;
CAMPUS POLICE AS DEFINED IN SECTION 2416.1(D) OF THE ACT OF
APRIL 9, 1929 (P.L.117, NO.175), KNOWN AS THE ADMINISTRATIVE
CODE OF 1929, OR CAMPUS POLICE AS DEFINED IN SECTION 2001-A(20)
OF THE ACT OF MARCH 10, 1949 (P.L.30, NO.14), KNOWN AS THE
PUBLIC SCHOOL CODE OF 1949; OR ANY OTHER LAW ENFORCEMENT OFFICER
OF THE COMMONWEALTH OF PENNSYLVANIA OR OF ANY POLITICAL
SUBDIVISION THEREOF.
* * *
Section 2 3. The amendment of section 1(a) of the act shall
apply to an individual whose date of death occurs before, on or
after the effective date of this section.
Section 3 4. This act shall take effect immediately.
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