PRINTER'S NO. 3508
No. 2661 Session of 1992
INTRODUCED BY BROWN, ARMSTRONG, GODSHALL, TRELLO, COLAIZZO,
KRUSZEWSKI, GERLACH, HERMAN, ULIANA, HESS, HECKLER, TIGUE,
NAHILL, ARGALL, HALUSKA, CARLSON, BOYES, WOGAN, CLYMER,
STABACK, CESSAR, JOHNSON, LANGTRY, STAIRS, DURHAM, KENNEY,
MELIO, PHILLIPS, BELFANTI, CLARK, DeLUCA, HAGARTY, RAYMOND,
HARLEY, M. N. WRIGHT, TELEK, BUNT, MARSICO, ITKIN, KING,
MAYERNIK, E. Z. TAYLOR AND TOMLINSON, MAY 6, 1992
REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, MAY 6, 1992
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 amount of death benefits; and making
7 editorial changes.
8 The General Assembly of the Commonwealth of Pennsylvania
9 hereby enacts as follows:
10 Section 1. The title and section 1 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 October 16,
13 1981 (P.L.295, No.102), are amended to read:
14 AN ACT
15 Providing for the payment of death benefits to the surviving
16 spouse or children or parents of firefighters, ambulance
17 service or rescue squad members, or law enforcement officers
18 killed in the performance of their duties.
1 Section 1. (a) In the event a law enforcement officer,
2 ambulance service or rescue squad member or firefighter is
3 killed in the performance of his duties, such political
4 subdivision within 30 days from the date of death shall submit
5 certification of such death to the Commonwealth.
6 (b) A volunteer firefighter shall be deemed to be acting in
7 the performance of his duties for the purposes of this act going
8 to or directly returning from a fire which the fire company or
9 fire department attended including travel from and direct return
10 to a firefighter's home, place of business or other place where
11 he or she shall have been when he or she received the call or
12 alarm or while participating in instruction fire drills in which
13 the fire department or fire company shall have participated or
14 while repairing or doing other work about or on the fire
15 apparatus or buildings and grounds of the fire company or fire
16 department upon the authorization of the chief of the fire
17 company or fire department or other person in charge or while
18 answering any emergency calls for any purpose or while riding
19 upon the fire apparatus which is owned or used by the fire
20 company or fire department or while performing any other duties
21 of such fire company or fire department as authorized by the
22 municipality or while performing duties imposed by section 15,
23 act of April 27, 1927 (P.L.465, No.299), referred to as the Fire
24 and Panic Act.
25 (c) A volunteer ambulance service or rescue squad member
26 shall be deemed to be acting in the performance of his duties
27 for the purposes of this act going to or directly returning from
28 an emergency which the ambulance service or rescue squad
29 attended including travel from and direct return to an ambulance
30 service or rescue squad member's home, place of business or
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1 other place where he or she shall have been when he or she
2 received the call or alarm or while participating in drills in
3 which the ambulance service or rescue squad shall have
4 participated or while repairing or doing other work about or on
5 any emergency vehicle or buildings and grounds of the ambulance
6 service or rescue squad upon the authorization of the chief of
7 the ambulance service or rescue squad or other person in charge
8 while answering any emergency calls for any purpose or while
9 riding upon any vehicles which are owned or used by the
10 ambulance service or rescue squad.
11 (d) Upon receipt of such certification, the Commonwealth
12 shall, from moneys payable out of the General Fund, pay to the
13 political subdivision the sum of [$25,000] $60,000, adjusted in
14 accordance with subsection (f) of this section. Within five days
15 of receipt of said sum from the Commonwealth, the political
16 subdivision shall pay such sum as a benefit to the surviving
17 spouse, or if there is no surviving spouse, to the minor
18 children of the firefighter, ambulance service or rescue squad
19 member or law enforcement officer killed in the performance of
20 duty. When no spouse or minor children survive, the benefit
21 shall be paid to the parent or parents of such firefighter,
22 ambulance service or rescue squad member or law enforcement
23 officer.
24 (e) The Commonwealth of Pennsylvania shall pay out of the
25 General Fund to the surviving spouse, or, if there is no
26 surviving spouse, the minor children of a State police officer
27 or other law enforcement officer of the Commonwealth killed in
28 the performance of his duties the sum of [$25,000] $60,000,
29 adjusted in accordance with subsection (f) of this section. When
30 no spouse or minor children survive, the benefit shall be paid
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1 to the parent or parents of such State police officer or other
2 law enforcement officer of the Commonwealth. The benefit shall
3 be payable whether or not the officer was killed within the
4 Commonwealth of Pennsylvania.
5 (f) On July 1 of each fiscal year beginning after January 1,
6 1992, the Commonwealth shall adjust the level of the benefit
7 payable immediately before July 1 under subsections (d) and (e)
8 of this section, to reflect the annual percentage change in the
9 Consumer Price Index for All Urban Consumers, published by the
10 United States Department of Commerce, Bureau of Labor
11 Statistics, occurring in the one-year period ending on January 1
12 immediately preceding July 1.
13 Section 2. Section 2 of the act, amended October 16, 1981
14 (P.L.295, No.102), is amended to read:
15 Section 2. The following words and phrases when used in this
16 act shall have the meanings given to them in this section unless
17 the context clearly indicates otherwise:
18 "Firefighter, ambulance service or rescue squad member or law
19 enforcement [officer" means a] officer." A firefighter, member
20 of a volunteer fire company, member of an ambulance service or
21 rescue squad, peace officer as defined in 18 Pa.C.S. § 501
22 (relating to definitions), public servant concerned in official
23 detention as defined in 18 Pa.C.S. § 5121 (relating to escape),
24 an officer or employee of a State correctional institution,
25 guards or employees of county jails and prisons or other law
26 enforcement officer of the Commonwealth of Pennsylvania or of
27 any political subdivision thereof.
28 Section 3. This act shall take effect in 60 days.
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