PRINTER'S NO. 407
No. 395 Session of 1981
INTRODUCED BY FREIND, HASAY, PUNT, McCALL, GRAY, COHEN,
LAUGHLIN, ZWIKL, CLARK, JACKSON, GANNON, PETERSON, MRKONIC,
NOYE, MICOZZIE, ARTY, REBER, LETTERMAN, SPITZ, DAVIES,
HOEFFEL, FISCHER, J. L. WRIGHT, CIMINI, COLE, COCHRAN, MERRY,
MADIGAN, HALUSKA, HORGOS, ALDEN, WACHOB, LASHINGER, PRATT,
GLADECK, KANUCK, L. E. SMITH, WENGER, KUKOVICH, E. Z. TAYLOR,
CALTAGIRONE, SNYDER, CLYMER, SWEET, COWELL, JOHNSON, COSLETT,
TRELLO, SEVENTY, LUCYK, GRIECO AND McINTYRE, FEBRUARY 3, 1981
REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, FEBRUARY 3, 1981
AN ACT
1 Amending the act of June 24, 1976 (P.L.424, No.101), entitled
2 "An act providing for the payment of death benefits to the
3 surviving spouse or children of firemen or law enforcement
4 officers killed in the performance of their duties,"
5 extending the act to include volunteer firefighters, changing
6 the method of payment and making editorial changes.
7 The General Assembly of the Commonwealth of Pennsylvania
8 hereby enacts as follows:
9 Section 1. The title and sections 1 and 2, act of June 24,
10 1976 (P.L.424, No.101), entitled "An act providing for the
11 payment of death benefits to the surviving spouse or children of
12 firemen or law enforcement officers killed in the performance of
13 their duties," are amended to read:
14 AN ACT
15 Providing for the payment of death benefits to the surviving
16 spouse or children of [firemen] firefighters or law
17 enforcement officers killed in the performance of their
1 duties.
2 Section 1. [A political subdivision shall pay to the
3 surviving spouse, or, if there is no surviving spouse, the minor
4 children, of a fireman or law enforcement officer of the
5 political subdivision killed in the performance of his duties
6 the sum of $25,000. The benefit shall be payable whether or not
7 the officer was killed within the corporate boundaries of the
8 employing municipality.]
9 In the event a law enforcement officer or firefighter is
10 killed in the performance of his duties, such political
11 subdivision within 30 days from the date of death shall submit
12 certification of such death to the Commonwealth. A volunteer
13 firefighter shall be deemed to be acting in the performance of
14 his duties for the purposes of this act going to or directly
15 returning from a fire which the fire company or fire department
16 attended including travel from and direct return to a
17 firefighter's home, place of business or other place where he or
18 she shall have been when he or she received the call or alarm or
19 while participating in instruction fire drills in which the fire
20 department or fire company shall have participated or while
21 repairing or doing other work about or on the fire apparatus or
22 buildings and grounds of the fire company or fire department
23 upon the authorization of the chief of the fire company or fire
24 department or other person in charge or while answering any
25 emergency calls for any purpose or while riding upon the fire
26 apparatus which is owned or used by the fire company or fire
27 department or while performing any other duties of such fire
28 company or fire department as authorized by the municipality or
29 while performing duties imposed by section 15, act of April 27,
30 1927 (P.L.465, No.299), referred to as the Fire and Panic Act.
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1 Upon receipt of such certification, the Commonwealth shall, from
2 moneys payable out of the General Fund, pay to the political
3 subdivision the sum of $25,000. Within five days of receipt of
4 said sum from the Commonwealth, the political subdivision shall
5 pay such sum as a benefit to the surviving spouse, or if there
6 is no surviving spouse, to the minor children of the firefighter
7 or law enforcement officer killed in the performance of duty.
8 The Commonwealth of Pennsylvania shall pay out of the General
9 Fund to the surviving spouse, or, if there is no surviving
10 spouse, the minor children of a State [policeman] police officer
11 or other law enforcement officer of the Commonwealth killed in
12 the performance of his duties the sum of $25,000. The benefit
13 shall be payable whether or not the officer was killed within
14 the Commonwealth of Pennsylvania.
15 [Upon payment of this death benefit by a political
16 subdivision, the political subdivision shall apply to the State
17 Treasurer and be reimbursed for the total amount by the
18 Commonwealth of Pennsylvania. Payments by the Commonwealth or
19 reimbursement to the political subdivisions shall be made out of
20 the General Fund of the Commonwealth of Pennsylvania.]
21 Section 2. [Fireman] Firefighter or law enforcement officer"
22 means a [fireman,] firefighter, member of a volunteer fire
23 company, peace officer as defined in 18 Pa.C.S. § 501 (relating
24 to definitions), public servant concerned in official detention
25 as defined in 18 Pa.C.S. § 5121 (relating to escape), an officer
26 or employee of a State correctional institution, guards or
27 employees of county jails and prisons or other law enforcement
28 officer of the Commonwealth of Pennsylvania or of any political
29 subdivision thereof.
30 Section 2. This act shall take effect immediately and the
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1 provisions relating to the clarification in the definition of
2 "firefighter or law enforcement officer" shall be retroactive to
3 January 1, 1976 and shall be applicable to all claims for
4 benefits under this act arising on and after said date.
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