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                                                      PRINTER'S NO. 1251

THE GENERAL ASSEMBLY OF PENNSYLVANIA


SENATE BILL

No. 944 Session of 2003


        INTRODUCED BY CONTI, TOMLINSON, ERICKSON, RAFFERTY, WONDERLING,
           C. WILLIAMS, LOGAN, TARTAGLIONE, ORIE, KITCHEN, COSTA,
           BOSCOLA AND GREENLEAF, NOVEMBER 3, 2003

        REFERRED TO FINANCE, NOVEMBER 3, 2003

                                     AN ACT

     1  Amending the act of June 11, 1968 (P.L.149, No.84), entitled, as
     2     amended, "An act relating to volunteer firefighters' relief
     3     associations, clarifying their purposes and objectives,
     4     establishing criteria and standards for the conduct of their
     5     affairs, providing for their formation, recognition,
     6     continuing operation, and for their dissolution in
     7     appropriate circumstances and the distribution of their
     8     funds," authorizing funds of volunteer firefighters' relief
     9     association in Second Class A counties to be spent on
    10     qualified retirement plans.

    11     The General Assembly of the Commonwealth of Pennsylvania
    12  hereby enacts as follows:
    13     Section 1.  Section 6(e) of the act of June 11, 1968
    14  (P.L.149, No.84), known as the Volunteer Firefighters' Relief
    15  Association Act, amended December 22, 1993 (P.L.547, No.78), is
    16  amended and the section is amended by adding a subsection to
    17  read:
    18     Section 6.  Funds.--* * *
    19     (e)  [The] Except as provided in subsection (e.1), the funds
    20  of any volunteer firefighters' relief association may be spent:
    21     (1)  To pay for such normal and reasonable running expenses


     1  as may be appropriate to the businesslike conduct of its affairs
     2  including legal fees and including but not by way of limitation
     3  the rental or purchase of offices, the payment of reasonable
     4  compensation of any needed employes, and the purchase of office
     5  equipment and supplies.
     6     (2)  To purchase contracts of insurance which shall at the
     7  least afford financial assistance to active members of the fire
     8  service represented by the association against losses due to
     9  injury suffered in the fire service and which may also provide
    10  in the order named, (i) for payments to the surviving spouse or
    11  other dependents of a member in the event of the member's death,
    12  (ii) for protection of active firefighters against disease,
    13  (iii) for the replacement or purchase of prosthetic devices such
    14  as visual aids, hearing aids, dentures, braces, crutches, and
    15  the like, where such devices have been lost or damaged while the
    16  owner was engaged in the fire service or where the need for such
    17  devices arises because of functional impairment attributable to
    18  participation in the fire service, (iv) for the repair or
    19  replacement if necessary of articles of clothing or pocket
    20  pagers damaged or lost in the course of participation in the
    21  fire service, and (v) for disability incurred after service for
    22  a minimum of twenty years as a volunteer firefighter.
    23     (3)  To maintain a beneficiary or death benefit fund and to
    24  pay a sum certain from that fund to the beneficiary of any
    25  participant in that fund upon his or her death. In the event a
    26  beneficiary is not designated or a designated one has
    27  predeceased the participant, the sum certain shall be paid to
    28  the estate of the participant.
    29     (4)  To pay in full or in part for damage or loss in any of
    30  the categories mentioned in clause (2) above in any specific
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     1  case in which (i) no policy of insurance is in force which
     2  covers the risk, or (ii) the amount payable under insurance
     3  policies in force is inadequate to cover the loss.
     4     (5)  To pay the costs of procuring and forwarding tokens of
     5  sympathy and goodwill. To a volunteer firefighter who may be ill
     6  or hospitalized as a result of participation in the fire service
     7  or who may die or who may be seriously ill for any reason.
     8     (6)  To make cash payments to families in distressed
     9  circumstances by reason of age, infirmities or other
    10  disabilities suffered by one of the family in the course of his
    11  or her participation in the fire service as a volunteer
    12  firefighter.
    13     (7)  To acquire and maintain membership in any Statewide
    14  association or corporation which extends advice and assistance
    15  to firefighters' relief associations in the conduct of their
    16  affairs and to pay reasonable expenses of travel and maintenance
    17  to a duly elected delegate for attendance at such meetings of
    18  such Statewide association or corporation.
    19     (8)  To contribute or to purchase contracts of insurance
    20  which will contribute towards the costs of rehabilitating and
    21  retraining volunteer firefighters who by reason of their
    22  participation in the fire service have suffered a major
    23  impairment of their ability to continue their vocation.
    24     (9)  To pay for medical and surgical bills arising from
    25  injuries sustained by volunteer firefighters while engaged in
    26  activities of the fire company to the extent that said bills are
    27  not covered by insurance provided by the relief association.
    28     (10)  To pay reasonable expenses actually and necessarily
    29  incurred for attending bona fide firefighters' training schools.
    30     (11)  To purchase safeguards for preserving life, health, and
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     1  safety of volunteer firefighters, so as to ensure their
     2  availability to participate in the volunteer fire service.
     3     (12)  To secure insurance against the legal liability of the
     4  volunteer firefighters for loss and expense from claims arising
     5  out of the performance of their official, authorized duties
     6  while going to, returning from or attending fires or while
     7  performing their duties as special fire police.
     8     (13)  To maintain comprehensive health, physical fitness and
     9  physical monitoring programs that provide for physical fitness
    10  activities, nutrition education and instruction and health and
    11  fitness evaluation and monitoring. The programs shall be
    12  approved by the nearest State-licensed health care facility
    13  which is authorized to provide the service.
    14     (14)  To purchase exercise and fitness equipment for use by
    15  volunteer firefighters. Expenditures for exercise and fitness
    16  equipment shall not, however, exceed $2,000 in any two-year
    17  period.
    18     (15)  To purchase fire hose and nozzles.
    19     (16)  To purchase fire prevention materials for public
    20  distribution.
    21     (e.1)  In addition to the provisions of subsection (e), the
    22  funds of any volunteer firefighters' relief association in a
    23  Second Class A county may be spent to provide a qualified
    24  retirement plan as defined in section 4974(c) of the Internal
    25  Revenue Code of 1986 (P.L.99-514, 26 U.S.C. § 4974(c)).
    26     Section 2.  This act shall take effect immediately.



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