SENATE AMENDED
PRIOR PRINTER'S NOS. 451, 1701 PRINTER'S NO. 3604
No. 420 Session of 1979
INTRODUCED BY MESSRS. FREIND, CESSAR, WILT, BROWN, J. L. WRIGHT,
R. R. FISCHER, ZITTERMAN, DiCARLO, CLARK, LETTERMAN,
MANMILLER, BURNS, CIMINI, WEIDNER, MRS. ARTY, MESSRS.
MICOZZIE, GANNON, REED, L. E. SMITH, ZORD, MRKONIC, MRS.
KERNICK, MESSRS. GAMBLE, D. R. WRIGHT, D. M. FISHER, GEESEY,
SPITZ, LASHINGER, ZELLER, PUNT, YAHNER, KNEPPER, CHESS,
GRABOWSKI, TRELLO, GOODMAN, BOWSER, E. R. LYNCH, MUSTO,
COCHRAN, VROON, PETRARCA, WENGER, SCHMITT, SPENCER, SERAFINI,
COLE, SCHWEDER, D. S. HAYES, KLINGAMAN, ZWIKL, PRATT, PITTS,
SIEMINSKI, E. H. SMITH, POTT, MRS. E. Z. TAYLOR, MESSRS.
BURD, GLADECK, McVERRY, BELARDI, KOLTER AND LEWIS,
MARCH 2, 1979
SENATOR LEWIS, LOCAL GOVERNMENT, IN SENATE, AS AMENDED, JUNE 17,
1980
AN ACT
1 Amending the act of June 24, 1976 (P.L.424, No.101), entitled
2 "An act providing for the payment of death benefits to the
3 surviving spouse or children of firemen or law enforcement
4 officers killed in the performance of their duties,"
5 extending the act to include volunteer firemen and <--
6 FIREFIGHTERS, changing the method of payment AND MAKING <--
7 EDITORIAL CHANGES.
8 The General Assembly of the Commonwealth of Pennsylvania
9 hereby enacts as follows:
10 Section 1. Sections THE TITLE AND SECTIONS 1 and 2, act of <--
11 June 24, 1976 (P.L.424, No.101), entitled "An act providing for
12 the payment of death benefits to the surviving spouse or
13 children of firemen or law enforcement officers killed in the
14 performance of their duties," are amended to read:
1 AN ACT <--
2 PROVIDING FOR THE PAYMENT OF DEATH BENEFITS TO THE SURVIVING
3 SPOUSE OR CHILDREN OF [FIREMEN] FIREFIGHTERS OF LAW
4 ENFORCEMENT OFFICERS KILLED IN THE PERFORMANCE OF THEIR
5 DUTIES.
6 Section 1. [A political subdivision shall pay to the
7 surviving spouse, or, if there is no surviving spouse, the minor
8 children, of a fireman or law enforcement officer of the
9 political subdivision killed in the performance of his duties
10 the sum of $25,000. The benefit shall be payable whether or not
11 the officer was killed within the corporate boundaries of the
12 employing municipality.]
13 In the event a law enforcement officer or fireman FIREFIGHTER <--
14 is killed in the performance of his duties, such political
15 subdivision within 30 days from the date of death shall submit
16 certification of such death to the Commonwealth. A volunteer
17 fireman FIREFIGHTER shall be deemed to be acting in the <--
18 performance of his duties for the purposes of this act going to
19 or directly returning from a fire which the fire company or fire
20 department attended including travel from and direct return to a
21 fireman's FIREFIGHTER'S home, place of business or other place <--
22 where he OR SHE shall have been when he OR SHE received the call <--
23 or alarm or while participating in instruction fire drills in
24 which the fire department or fire company shall have
25 participated or while repairing or doing other work about or on
26 the fire apparatus or buildings and grounds of the fire company
27 or fire department upon the authorization of the chief of the
28 fire company or fire department or other person in charge or
29 while answering any emergency calls for any purpose or while
30 riding upon the fire apparatus which is owned or used by the
19790H0420B3604 - 2 -
1 fire company or fire department or while performing any other
2 duties of such fire company or fire department as authorized by
3 the municipality or while performing duties imposed by section
4 15, act of April 27, 1927 (P.L.465, No.299), referred to as the
5 Fire and Panic Act. Upon receipt of such certification, the
6 Commonwealth shall, from moneys payable out of the General Fund,
7 pay to the political subdivision the sum of $25,000. Within five
8 days of receipt of said sum from the Commonwealth, the political
9 subdivision shall pay such sum as a benefit to the surviving
10 spouse, or if there is no surviving spouse, to the minor
11 children of the fireman FIREFIGHTER or law enforcement officer <--
12 killed in the performance of duty.
13 The Commonwealth of Pennsylvania shall pay out of the General
14 Fund surviving spouse, or, if there is no surviving spouse, the
15 minor children of a State [policeman] POLICE OFFICER or other <--
16 law enforcement officer of the Commonwealth killed in the
17 performance of his duties the sum of $25,000. The benefit shall
18 be payable whether or not the officer was killed within the
19 Commonwealth of Pennsylvania.
20 [Upon payment of this death benefit by a political
21 subdivision, the political subdivision shall apply to the State
22 Treasurer and be reimbursed for the total amount by the
23 Commonwealth of Pennsylvania. Payments by the Commonwealth or
24 reimbursement to the political subdivisions shall be made out of
25 the General Fund of the Commonwealth of Pennsylvania.]
26 Section 2. [Fireman] FIREFIGHTER or law enforcement officer" <--
27 means a [fireman,] FIREFIGHTER, member of a volunteer fire <--
28 company, peace officer as defined in 18 Pa.C.S. § 501 (relating
29 to definitions), public servant concerned in official detention
30 as defined in 18 Pa.C.S. § 5121 (relating to escape), an officer
19790H0420B3604 - 3 -
1 or employee of a State correctional institution, guards or
2 employees of county jails and prisons or other law enforcement
3 officer of the Commonwealth of Pennsylvania or of any political
4 subdivision thereof.
5 Section 2. This act shall take effect immediately and the
6 provisions relating to the clarification in the definition of
7 "fireman "FIREFIGHTER or law enforcement officer" shall be <--
8 retroactive to January 1, 1976 and shall be applicable to all
9 claims for benefits under this act arising on and after said
10 date.
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