THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY B. BOYLE, K. BOYLE, CALTAGIRONE, DALEY, DAVIS, DeLUCA, FABRIZIO, FREEMAN, GEORGE, GIBBONS, GOODMAN, HARKINS, HENNESSEY, JOSEPHS, KULA, MAHONEY, McGEEHAN, MICOZZIE, MIRABITO AND SABATINA, AUGUST 22, 2011

REFERRED TO COMMITTEE ON VETERANS AFFAIRS AND EMERGENCY PREPAREDNESS, AUGUST 22, 2011  

AN ACT

Amending the act of June 24, 1976 (P.L.424, No.101), entitled,

as amended, "An act providing for the payment of death

benefits to the surviving spouse or children or parents of

firefighters, ambulance service or rescue squad members, law

enforcement officers or National Guard members who die as a

result of the performance of their duties," amending the

title of the act; further providing for authority for

payment; adding a definition of "natural gas responder"; and

further providing for construction of act.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  The title of the act of June 24, 1976 (P.L.424,

No.101), referred to as the Emergency and Law Enforcement

Personnel Death Benefits Act, amended October 6, 2005 (P.L.319,

No.59), is amended to read:

AN ACT

Providing for the payment of death benefits to the surviving

spouse or children or parents of firefighters, ambulance

service or rescue squad members, law enforcement officers

[or], National Guard members or natural gas responders who

die as a result of the performance of their duties.

Section 2.  Section 1(a) and (e) of the act, amended October

9, 2009 (P.L.588, No.51), are amended and the section is amended

by adding a subsection to read:

Section 1.  (a)  In the event a law enforcement officer,

ambulance service or rescue squad member, firefighter, certified

hazardous material response team member [or], National Guard

member or natural gas responder dies as a result of the

performance of his duties, such political subdivision,

Commonwealth agency or, in the case of National Guard members,

the Adjutant General, or, in the case of a member of a

Commonwealth law enforcement agency, the authorized survivor

[or], the agency head or, in the case of a natural gas

responder, the employer or authorized survivor, within 90 days

from the date of death, shall submit certification of such death

to the Commonwealth.

* * * 

(e)  The Commonwealth of Pennsylvania shall pay out of the

General Fund to the surviving spouse or, if there is no

surviving spouse, the minor children of a National Guard member,

natural gas responder, certified hazardous material response

team member, volunteer firefighter, ambulance service or rescue

squad member who died as a result of the performance of his

duties the sum of $100,000, adjusted in accordance with

subsection (f) of this section. When no spouse or minor children

survive, the benefit shall be paid to the parent or parents of

such National Guard member, natural gas responder, certified

hazardous material response team member, volunteer firefighter,

ambulance service or rescue squad member. The benefit shall be

payable whether or not the National Guard member, natural gas

responder or certified hazardous material response team member,

volunteer firefighter, ambulance service or rescue squad member 

died as a result of the performance of his duty within the

Commonwealth of Pennsylvania.

* * *

(h)  A natural gas responder shall be deemed to be acting in

the performance of his duties for the purposes of this act when:

(1)  the natural gas responder was requested by his

employer to respond to a natural gas release or safety event;

and

(2)  the natural gas responder dies as a direct result of

an injury caused by the natural gas release or safety event.

Section 3.  Section 2 of the act is amended by adding a

definition to read:

Section 2.  The following words and phrases when used in this

act shall have the meanings given to them in this section unless

the context clearly indicates otherwise:

* * *

"Natural gas responder" means an employee of a city natural

gas distribution operation as defined in 66 Pa.C.S. § 102

(relating to definitions) who responds to actual or potential

natural gas releases or safety events that pose threats to lives

or property.

* * *

Section 4.  Section 2.1 of the act, amended April 2, 2002

(P.L.213, No.20), is amended to read:

Section 2.1.  This act shall be broadly construed to grant

benefits to firefighters, ambulance service or rescue squad

members, law enforcement officers [or], National Guard personnel

or natural gas responders for deaths related to the performance

of their duties.

Section 5.  A death certificate of an eligible natural gas

responder who died as a result of the performance of his duties

on or after December 31, 2010, but prior to the effective date

of this section, shall be deemed timely filed in accordance with

section 1(a) of the act if it is submitted with 90 days of the

effective date of this section.

Section 6.  This act shall take effect immediately.