AN ACT

 

1Amending the act of June 24, 1976 (P.L.424, No.101), entitled,
2as amended, "An act providing for the payment of death
3benefits to the surviving spouse or children or parents of
4firefighters, ambulance service or rescue squad members, law
5enforcement officers or National Guard members who die as a
6result of the performance of their duties," providing for the
7payment of death benefits to members of the Pennsylvania
8Civil Air Patrol.

9The General Assembly of the Commonwealth of Pennsylvania
10hereby enacts as follows:

11Section 1. Section 1(a), (a.1), (c) and (e) of the act of
12June 24, 1976 (P.L.424, No.101), referred to as the Emergency
13and Law Enforcement Personnel Death Benefits Act, amended
14October 9, 2009 (P.L.588, No.51), are amended to read:

15Section 1. (a) In the event a law enforcement officer,
16ambulance service or rescue squad member, firefighter, certified
17hazardous material response team member, member of the 
18Pennsylvania Civil Air Patrol or National Guard member dies as a
19result of the performance of his duties, such political

1subdivision, Commonwealth agency or, in the case of National
2Guard members, the Adjutant General, or, in the case of a member 
3of a Commonwealth law enforcement agency, the authorized 
4survivor or the agency head, within 90 days from the date of
5death, shall submit certification of such death to the
6Commonwealth.

7(a.1) A firefighter, ambulance service or rescue squad
8member, law enforcement officer, certified hazardous material
9response team member, member of the Pennsylvania Civil Air 
10Patrol or National Guard member who suffers a fatal heart attack
11or stroke while on duty or not later than 24 hours after
12participating in a physical training exercise or responding to
13an emergency is presumed to have died as a result of the
14performance of his duties for purposes of this act.

15* * *

16(c) A volunteer ambulance service, certified hazardous
17material response team, member of the Pennsylvania Civil Air 
18Patrol or rescue squad member shall be deemed to be acting in
19the performance of his duties for the purposes of this act going
20to or directly returning from an emergency which the ambulance
21service, certified hazardous material response team, member of 
22the Pennsylvania Civil Air Patrol or rescue squad attended
23including travel from and direct return to an ambulance service,
24certified hazardous material response team, member of the 
25Pennsylvania Civil Air Patrol or rescue squad member's home,
26place of business or other place where he or she shall have been
27when he or she received the call or alarm or while participating
28in drills in which the ambulance service, certified hazardous
29material response team, member of the Pennsylvania Civil Air 
30Patrol or rescue squad shall have participated or while

1repairing or doing other work about or on any emergency vehicle
2or buildings and grounds of the ambulance service, certified
3hazardous material response team, member of the Pennsylvania 
4Civil Air Patrol or rescue squad upon the authorization of the
5chief of the ambulance service, certified hazardous material
6response team, member of the Pennsylvania Civil Air Patrol or
7rescue squad or other person in charge while answering any
8emergency calls for any purpose or while riding upon any
9vehicles which are owned or used by the ambulance service,
10certified hazardous material response team, member of the 
11Pennsylvania Civil Air Patrol or rescue squad.

12* * *

13(e) The Commonwealth of Pennsylvania shall pay out of the
14General Fund to the surviving spouse or, if there is no
15surviving spouse, the minor children of a National Guard member,
16certified hazardous material response team member, member of the 
17Pennsylvania Civil Air Patrol, volunteer firefighter, ambulance 
18service or rescue squad member who died as a result of the
19performance of his duties the sum of $100,000, adjusted in
20accordance with subsection (f) of this section. When no spouse
21or minor children survive, the benefit shall be paid to the
22parent or parents of such National Guard member, certified 
23hazardous material response team member, member of the 
24Pennsylvania Civil Air Patrol, volunteer firefighter, ambulance 
25service or rescue squad member. The benefit shall be payable
26whether or not the National Guard member or certified hazardous 
27material response team member, member of the Pennsylvania Civil 
28Air Patrol, volunteer firefighter, ambulance service or rescue 
29squad member died as a result of the performance of his duty
30within the Commonwealth of Pennsylvania.

1* * *

2Section 2. This act shall take effect in 60 days.