PRINTER'S NO. 1392
No. 1209 Session of 1989
INTRODUCED BY BUNT, MRKONIC, NAHILL, TIGUE, SERAFINI, HASAY,
BUSH, BELFANTI, GRUPPO, J. TAYLOR, JACKSON, HERMAN, MARSICO,
O'BRIEN, LEVDANSKY, NOYE, REBER, SCHULER, JAROLIN, VEON,
BILLOW, FOX, MORRIS, ROBINSON, FAIRCHILD, WOGAN, DIETTERICK,
COWELL, KENNEY, TRELLO, BISHOP, RAYMOND, GEIST, COY,
GODSHALL, LASHINGER, STRITTMATTER, DEMPSEY, JAMES, CESSAR,
FARMER, CLYMER, WILSON, FARGO, E. Z. TAYLOR, B. SMITH,
J. H. CLARK, DISTLER, LEH, JADLOWIEC, HAGARTY, FLEAGLE,
CAWLEY, PETRARCA, GEORGE, GANNON, JOHNSON, DeLUCA, McCALL,
MELIO, D. F. CLARK, CARLSON, J. L. WRIGHT, BELARDI, ADOLPH,
D. W. SNYDER, CORNELL, KOSINSKI, MAIALE AND MAINE,
APRIL 18, 1989
REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, APRIL 18, 1989
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 eligibility for benefits.
7 The General Assembly of the Commonwealth of Pennsylvania
8 hereby enacts as follows:
9 Section 1. Section 1 of the act of June 24, 1976 (P.L.424,
10 No.101), referred to as the Emergency and Law Enforcement
11 Personnel Death Benefits Act, amended October 16, 1981 (P.L.295,
12 No.102), is amended to read:
13 Section 1. (a) Certification.--In the event a law
14 enforcement officer, ambulance service or rescue squad member or
15 firefighter is killed in the performance of his duties, such
1 political subdivision within 30 days from the date of death
2 shall submit certification of such death to the Commonwealth.
3 (1) A volunteer firefighter shall be deemed to be acting in
4 the performance of his duties for the purposes of this act going
5 to or directly returning from a fire which the fire company or
6 fire department attended including travel from and direct return
7 to a firefighter's home, place of business or other place where
8 he or she shall have been when he or she received the call or
9 alarm or while participating in instruction fire drills in which
10 the fire department or fire company shall have participated or
11 while repairing or doing other work about or on the fire
12 apparatus or buildings and grounds of the fire company or fire
13 department upon the authorization of the chief of the fire
14 company or fire department or other person in charge or while
15 answering any emergency calls for any purpose or while riding
16 upon the fire apparatus which is owned or used by the fire
17 company or fire department or while performing any other duties
18 of such fire company or fire department as authorized by the
19 municipality or while performing duties imposed by section 15,
20 act of April 27, 1927 (P.L.465, No.299), referred to as the Fire
21 and Panic Act.
22 (2) A volunteer ambulance service or rescue squad member
23 shall be deemed to be acting in the performance of his duties
24 for the purposes of this act going to or directly returning from
25 an emergency which the ambulance service or rescue squad
26 attended including travel from and direct return to an ambulance
27 service or rescue squad member's home, place of business or
28 other place where he or she shall have been when he or she
29 received the call or alarm or while participating in drills in
30 which the ambulance service or rescue squad shall have
19890H1209B1392 - 2 -
1 participated or while repairing or doing other work about or on
2 any emergency vehicle or buildings and grounds of the ambulance
3 service or rescue squad upon the authorization of the chief of
4 the ambulance service or rescue squad or other person in charge
5 while answering any emergency calls for any purpose or while
6 riding upon any vehicles which are owned or used by the
7 ambulance service or rescue squad.
8 (b) Payment.--(1) Upon receipt of such certification, the
9 Commonwealth shall, from moneys payable out of the General Fund,
10 pay to the political subdivision the sum of $25,000. Within five
11 days of receipt of said sum from the Commonwealth, the political
12 subdivision shall pay such sum as a benefit to the surviving
13 spouse, or if there is no surviving spouse, to the minor
14 children of the firefighter, ambulance service or rescue squad
15 member or law enforcement officer killed in the performance of
16 duty. When no spouse or minor children survive, the benefit
17 shall be paid to the parent or parents of such firefighter,
18 ambulance service or rescue squad member or law enforcement
19 officer.
20 (2) The Commonwealth of Pennsylvania shall pay out of the
21 General Fund to the surviving spouse, or, if there is no
22 surviving spouse, the minor children of a State police officer
23 or other law enforcement officer of the Commonwealth killed in
24 the performance of his duties the sum of $25,000. When no spouse
25 or minor children survive, the benefit shall be paid to the
26 parent or parents of such State police officer or other law
27 enforcement officer of the Commonwealth. The benefit shall be
28 payable whether or not the officer was killed within the
29 Commonwealth of Pennsylvania.
30 (c) Death due to medical condition.--A law enforcement
19890H1209B1392 - 3 -
1 officer, ambulance service or rescue squad member or firefighter
2 who dies as a result of a heart attack, stroke or other medical
3 condition which resulted from the performance of his duties
4 shall be regarded as having been killed in the performance of
5 his duties.
6 Section 2. The provisions of this act shall be retroactive
7 to January 1, 1989, and shall be applicable to all law
8 enforcement officers, ambulance service or rescue squad members,
9 or firefighters dying on and after said date.
10 Section 3. This act shall take effect immediately.
C7L40JRW/19890H1209B1392 - 4 -