PRINTER'S NO. 1844
No. 1520 Session of 2001
INTRODUCED BY NAILOR, SEMMEL, LUCYK, MARSICO, ADOLPH, M. BAKER,
BARD, BARRAR, BELARDI, BELFANTI, BROWNE, BUNT, CALTAGIRONE,
CAPPABIANCA, CAPPELLI, CLYMER, L. I. COHEN, CORRIGAN, COY,
CRUZ, DALEY, DERMODY, EGOLF, FICHTER, FLICK, FRANKEL,
FREEMAN, GABIG, GEIST, GEORGE, HARHAI, HARHART, HASAY,
HENNESSEY, HERSHEY, HESS, HORSEY, KENNEY, LEDERER, LEH,
MAITLAND, MAJOR, MANN, MAYERNIK, McCALL, McILHATTAN,
R. MILLER, S. MILLER, PALLONE, PHILLIPS, PIPPY, PISTELLA,
ROBERTS, ROHRER, ROSS, RUBLEY, SAINATO, SAMUELSON, SATHER,
SAYLOR, SCHULER, SHANER, B. SMITH, SOLOBAY, STABACK, STERN,
SURRA, E. Z. TAYLOR, J. TAYLOR, THOMAS, TRAVAGLIO, WALKO,
WATERS, WATSON, WILT, WOJNAROSKI, YOUNGBLOOD, YUDICHAK, ZUG
AND MACKERETH, MAY 3, 2001
REFERRED TO COMMITTEE ON VETERANS AFFAIRS AND EMERGENCY
PREPAREDNESS, MAY 3, 2001
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," extending benefits to certain National Guard
7 members.
8 The General Assembly of the Commonwealth of Pennsylvania
9 hereby enacts as follows:
10 Section 1. The title of the act of June 24, 1976 (P.L.424,
11 No.101), referred to as the Emergency and Law Enforcement
12 Personnel Death Benefits Act, amended October 16, 1981 (P.L.295,
13 No.102), is amended to read:
14 AN ACT
1 Providing for the payment of death benefits to the surviving
2 spouse or children or parents of firefighters, ambulance
3 service or rescue squad members [or], law enforcement
4 officers or National Guard members killed in the performance
5 of their duties.
6 Section 2. Sections 1 and 2.1 of the act, amended or added
7 December 27, 1994 (P.L.1373, No.161), are amended to read:
8 Section 1. (a) In the event a law enforcement officer,
9 ambulance service or rescue squad member [or], firefighter or
10 National Guard member is killed in the performance of his
11 duties, such political subdivision within 30 days from the date
12 of death shall submit certification of such death to the
13 Commonwealth.
14 (b) A volunteer firefighter shall be deemed to be acting in
15 the performance of his duties for the purposes of this act going
16 to or directly returning from a fire which the fire company or
17 fire department attended including travel from and direct return
18 to a firefighter's home, place of business or other place where
19 he or she shall have been when he or she received the call or
20 alarm or while participating in instruction fire drills in which
21 the fire department or fire company shall have participated or
22 while repairing or doing other work about or on the fire
23 apparatus or buildings and grounds of the fire company or fire
24 department upon the authorization of the chief of the fire
25 company or fire department or other person in charge or while
26 answering any emergency calls for any purpose or while riding
27 upon the fire apparatus which is owned or used by the fire
28 company or fire department or while performing any other duties
29 of such fire company or fire department as authorized by the
30 municipality or while performing duties imposed by section 15,
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1 act of April 27, 1927 (P.L.465, No.299), referred to as the Fire
2 and Panic Act.
3 (c) A volunteer ambulance service or rescue squad member
4 shall be deemed to be acting in the performance of his duties
5 for the purposes of this act going to or directly returning from
6 an emergency which the ambulance service or rescue squad
7 attended including travel from and direct return to an ambulance
8 service or rescue squad member's home, place of business or
9 other place where he or she shall have been when he or she
10 received the call or alarm or while participating in drills in
11 which the ambulance service or rescue squad shall have
12 participated or while repairing or doing other work about or on
13 any emergency vehicle or buildings and grounds of the ambulance
14 service or rescue squad upon the authorization of the chief of
15 the ambulance service or rescue squad or other person in charge
16 while answering any emergency calls for any purpose or while
17 riding upon any vehicles which are owned or used by the
18 ambulance service or rescue squad.
19 (d) Upon receipt of such certification, the Commonwealth
20 shall, from moneys payable out of the General Fund, pay to the
21 political subdivision the sum of $50,000, adjusted in accordance
22 with subsection (f) of this section. Within five days of receipt
23 of said sum from the Commonwealth, the political subdivision
24 shall pay such sum as a benefit to the surviving spouse, or if
25 there is no surviving spouse, to the minor children of the
26 firefighter, ambulance service or rescue squad member [or], law
27 enforcement officer or National Guard member killed in the
28 performance of duty. When no spouse or minor children survive,
29 the benefit shall be paid to the parent or parents of such
30 firefighter, ambulance service or rescue squad member [or], law
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1 enforcement officer or National Guard member.
2 (e) The Commonwealth of Pennsylvania shall pay out of the
3 General Fund to the surviving spouse, or, if there is no
4 surviving spouse, the minor children of a State police officer
5 or other law enforcement officer of the Commonwealth killed in
6 the performance of his duties the sum of $50,000, adjusted in
7 accordance with subsection (f) of this section. When no spouse
8 or minor children survive, the benefit shall be paid to the
9 parent or parents of such State police officer or other law
10 enforcement officer of the Commonwealth. The benefit shall be
11 payable whether or not the officer was killed within the
12 Commonwealth of Pennsylvania.
13 (f) On July 1 of each fiscal year beginning after January 1,
14 1995, the Commonwealth shall adjust the level of the benefit
15 payable immediately before July 1 under subsections (d) and (e)
16 of this section to reflect the annual percentage change in the
17 Consumer Price Index for All Urban Consumers, published by the
18 United States Department of Commerce, Bureau of Labor
19 Statistics, occurring in the one-year period ending on January 1
20 immediately preceding July 1.
21 (g) A National Guard member shall be deemed to be acting in
22 the performance of his duties for the purposes of this act when
23 going to or directly returning from a period of active State
24 duty for emergency which is ordered by the Governor as
25 Commander-in-Chief in accordance with 51 Pa.C.S. § 508 (relating
26 to active State duty for emergency).
27 Section 2.1. This act shall be broadly construed to grant
28 benefits to firefighters, ambulance service or rescue squad
29 members [or], law enforcement officers or National Guard
30 personnel for deaths related to the performance of their duties.
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1 Section 3. This act shall take effect in 60 days.
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