PRIOR PRINTER'S NO. 407 PRINTER'S NO. 753
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, McINTYRE, McVERRY, SMITH AND CIVERA, 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,
6 AMBULANCE SERVICE OR RESCUE SQUAD MEMBERS, changing the <--
7 method of payment and making editorial changes.
8 The General Assembly of the Commonwealth of Pennsylvania
9 hereby enacts as follows:
10 Section 1. The title and sections 1 and 2, act of June 24,
11 1976 (P.L.424, No.101), entitled "An act providing for the
12 payment of death benefits to the surviving spouse or children of
13 firemen or law enforcement officers killed in the performance of
14 their duties," are amended to read:
15 AN ACT
16 Providing for the payment of death benefits to the surviving
17 spouse or children OF CERTAIN DEPENDENT PARENTS [firemen] <--
1 firefighters, AMBULANCE SERVICE OR RESCUE SQUAD MEMBERS or <-- 2 law enforcement officers killed in the performance of their 3 duties. 4 Section 1. [A political subdivision shall pay to the 5 surviving spouse, or, if there is no surviving spouse, the minor 6 children, of a fireman or law enforcement officer of the 7 political subdivision killed in the performance of his duties 8 the sum of $25,000. The benefit shall be payable whether or not 9 the officer was killed within the corporate boundaries of the 10 employing municipality.] 11 In the event a law enforcement officer, AMBULANCE SERVICE OR <-- 12 RESCUE SQUAD MEMBERS or firefighter is killed in the performance 13 of his duties, such political subdivision within 30 days from 14 the date of death shall submit certification of such death to 15 the Commonwealth. A volunteer firefighter shall be deemed to be 16 acting in the performance of his duties for the purposes of this 17 act going to or directly returning from a fire which the fire 18 company or fire department attended including travel from and 19 direct return to a firefighter's home, place of business or 20 other place where he or she shall have been when he or she 21 received the call or alarm or while participating in instruction 22 fire drills in which the fire department or fire company shall 23 have participated or while repairing or doing other work about 24 or on the fire apparatus or buildings and grounds of the fire 25 company or fire department upon the authorization of the chief 26 of the fire company or fire department or other person in charge 27 or while answering any emergency calls for any purpose or while 28 riding upon the fire apparatus which is owned or used by the 29 fire company or fire department or while performing any other 30 duties of such fire company or fire department as authorized by 19810H0395B0753 - 2 -
1 the municipality or while performing duties imposed by section 2 15, act of April 27, 1927 (P.L.465, No.299), referred to as the 3 Fire and Panic Act. A VOLUNTEER AMBULANCE SERVICE OR RESCUE <-- 4 SQUAD MEMBER SHALL BE DEEMED TO BE ACTING IN THE PERFORMANCE OF 5 HIS DUTIES FOR THE PURPOSES OF THIS ACT GOING TO OR DIRECTLY 6 RETURNING FROM AN EMERGENCY WHICH THE AMBULANCE SERVICE OR 7 RESCUE SQUAD ATTENDED INCLUDING TRAVEL FROM AND DIRECT RETURN TO 8 AN AMBULANCE SERVICE OR RESCUE SQUAD MEMBER'S HOME, PLACE OF 9 BUSINESS OR OTHER PLACE WHERE HE OR SHE SHALL HAVE BEEN WHEN HE 10 OR SHE RECEIVED THE CALL OR ALARM OR WHILE PARTICIPATING IN 11 DRILLS IN 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. Upon receipt of such 19 certification, the Commonwealth shall, from moneys payable out 20 of the General Fund, pay to the political subdivision the sum of 21 $25,000. Within five days of receipt of said sum from the 22 Commonwealth, the political subdivision shall pay such sum as a 23 benefit to the surviving spouse, or if there is no surviving 24 spouse, to the minor children of the firefighter, AMBULANCE <-- 25 SERVICE OR RESCUE SQUAD MEMBERS or law enforcement officer 26 killed in the performance of duty. WHEN NO SPOUSE OR MINOR <-- 27 CHILDREN SURVIVE, THE BENEFIT SHALL BE PAID TO THE PARENT OR 28 PARENTS OF SUCH FIREFIGHTER, AMBULANCE SERVICE OR RESCUE SQUAD 29 MEMBER OR LAW ENFORCEMENT OFFICER IF THE PARENT OR PARENTS HAD A 30 ONE-THIRD DEPENDENCY ON THE INCOME OF SUCH FIREFIGHTER, 19810H0395B0753 - 3 -
1 AMBULANCE SERVICE OR RESCUE SQUAD MEMBER OR LAW ENFORCEMENT 2 OFFICER 12 MONTHS PRIOR TO THE DATE OF DEATH; THE PAYMENT SHALL 3 BE MADE IN EQUAL SHARES TO BOTH IF BOTH ARE SO DEPENDENT. IF 4 ONLY ONE PARENT WAS DEPENDENT, THE TOTAL BENEFIT SHALL BE PAID 5 TO THAT PARENT. 6 The Commonwealth of Pennsylvania shall pay out of the General 7 Fund to the surviving spouse, or, if there is no surviving 8 spouse, the minor children of a State [policeman] police officer 9 or other law enforcement officer of the Commonwealth killed in 10 the performance of his duties the sum of $25,000. WHEN NO SPOUSE <-- 11 OR MINOR CHILDREN SURVIVE, THE BENEFIT SHALL BE PAID TO THE 12 PARENT OR PARENTS OF SUCH STATE POLICE OFFICER OR OTHER LAW 13 ENFORCEMENT OFFICER OF THE COMMONWEALTH IF THE PARENT OR PARENTS 14 HAD A ONE-THIRD DEPENDENCY ON THE INCOME OF SUCH STATE POLICE 15 OFFICER OR OTHER LAW ENFORCEMENT OFFICER OF THE COMMONWEALTH 12 16 MONTHS PRIOR TO THE DATE OF DEATH; THE PAYMENT SHALL BE MADE IN 17 EQUAL SHARES TO BOTH IF BOTH ARE SO DEPENDENT. IF ONLY ONE 18 PARENT WAS DEPENDENT, THE TOTAL BENEFIT SHALL BE PAID TO THAT 19 PARENT. The benefit shall be payable whether or not the officer 20 was killed within the Commonwealth of Pennsylvania. 21 [Upon payment of this death benefit by a political 22 subdivision, the political subdivision shall apply to the State 23 Treasurer and be reimbursed for the total amount by the 24 Commonwealth of Pennsylvania. Payments by the Commonwealth or 25 reimbursement to the political subdivisions shall be made out of 26 the General Fund of the Commonwealth of Pennsylvania.] 27 Section 2. ["Fireman"] "Firefighter, AMBULANCE SERVICE OR <-- 28 RESCUE SQUAD MEMBER or law enforcement officer" means a 29 [fireman,] firefighter, member of a volunteer fire company, 30 MEMBER OF AN AMBULANCE SERVICE OR RESCUE SQUAD, peace officer as <-- 19810H0395B0753 - 4 -
1 defined in 18 Pa.C.S. § 501 (relating to definitions), public 2 servant concerned in official detention as defined in 18 Pa.C.S. 3 § 5121 (relating to escape), an officer or employee of a State 4 correctional institution, guards or employees of county jails 5 and prisons or other law enforcement officer of the Commonwealth 6 of Pennsylvania or of any political subdivision thereof. 7 Section 2. This act shall take effect immediately and the 8 provisions relating to the clarification in the definition of 9 "firefighter, AMBULANCE SERVICE OR RESCUE SQUAD MEMBER or law <-- 10 enforcement officer" shall be retroactive to January 1, 1976 and 11 shall be applicable to all claims for benefits under this act 12 arising on and after said date. A2L72CVV/19810H0395B0753 - 5 -