PRIOR PRINTER'S NOS. 574, 1088 PRINTER'S NO. 3349
No. 517 Session of 1991
INTRODUCED BY TANGRETTI, PESCI, CAPPABIANCA, COLAIZZO, MELIO,
DeLUCA, FREEMAN, CAWLEY, LESCOVITZ, BARLEY, VEON, KUKOVICH,
TRELLO, MARKOSEK, FLEAGLE, SERAFINI, PISTELLA, JOHNSON,
STABACK, DALEY AND COLAFELLA, MARCH 11, 1991
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
MARCH 25, 1992
AN ACT
1 Amending the act of June 11, 1968 (P.L.149, No.84), entitled "An
2 act relating to volunteer firemen's relief associations,
3 clarifying their purposes and objectives, establishing
4 criteria and standards for the conduct of their affairs,
5 providing for their formation, recognition, continuing
6 operation, and for their dissolution in appropriate
7 circumstances and the distribution of their funds," further
8 providing for the purposes for which funds may be expended;
9 AUTHORIZING COOPERATION AGREEMENTS BETWEEN VOLUNTEER <--
10 FIREFIGHTERS' RELIEF ASSOCIATIONS; and making an editorial <--
11 change. EDITORIAL CHANGES. <--
12 The General Assembly of the Commonwealth of Pennsylvania
13 hereby enacts as follows:
14 Section 1. Section 6 of the act of June 11, 1968 (P.L.149, <--
15 No.84), known as the Volunteer Firemen's Relief Association Act,
16 is amended by adding a section heading and subsection (e) is
17 amended by adding a clause to read:
18 Section 6. Funds.--* * *
19 (e) The funds of any volunteer firemen's relief association
20 may be spent:
21 * * *
1 SECTION 1. THE TITLE AND SECTION 1 OF THE ACT OF JUNE 11, <--
2 1968 (P.L.149, NO.84), KNOWN AS THE VOLUNTEER FIREMEN'S RELIEF
3 ASSOCIATION ACT, ARE AMENDED TO READ:
4 AN ACT
5 RELATING TO VOLUNTEER [FIREMEN'S] FIREFIGHTERS' RELIEF
6 ASSOCIATIONS, CLARIFYING THEIR PURPOSES AND OBJECTIVES,
7 ESTABLISHING CRITERIA AND STANDARDS FOR THE CONDUCT OF THEIR
8 AFFAIRS, PROVIDING FOR THEIR FORMATION, RECOGNITION,
9 CONTINUING OPERATION, AND FOR THEIR DISSOLUTION IN
10 APPROPRIATE CIRCUMSTANCES AND THE DISTRIBUTION OF THEIR
11 FUNDS.
12 SECTION 1. SHORT TITLE.--THIS ACT SHALL BE KNOWN AND MAY BE
13 CITED AS THE "VOLUNTEER [FIREMEN'S] FIREFIGHTERS' RELIEF
14 ASSOCIATION ACT."
15 SECTION 2. SECTION 2 OF THE ACT, AMENDED JUNE 21, 1984
16 (P.L.427, NO.86), IS AMENDED TO READ:
17 SECTION 2. DEFINITIONS.--AS USED IN THIS ACT:
18 (1) A VOLUNTEER [FIREMEN'S] FIREFIGHTERS' RELIEF ASSOCIATION
19 IS AN ORGANIZATION FORMED PRIMARILY FOR THE PURPOSE OF AFFORDING
20 FINANCIAL PROTECTION TO VOLUNTEER [FIREMEN] FIREFIGHTERS AGAINST
21 THE CONSEQUENCES OF MISFORTUNE SUFFERED AS A RESULT OF THEIR
22 PARTICIPATION IN THE FIRE SERVICE. SUCH AN ASSOCIATION MAY ALSO
23 SERVE OTHER PURPOSES, AS HEREINAFTER SET FORTH, PROVIDED ONLY
24 THAT ADEQUATE PROVISIONS BE FIRST MADE TO SERVE ITS PRIMARY
25 PURPOSE. IT MAY COMPREHEND WITHIN ITS MEMBERSHIP THE MEMBERS OF
26 ONE OR MORE FIRE COMPANIES.
27 (2) THE FIRE SERVICE COMPREHENDS THE SERVICE OF ORGANIZED
28 GROUPS OF INDIVIDUALS, NOT ONLY IN TRAINING FOR AND IN ACTIVE
29 DUTY IN THE PROTECTION OF THE PUBLIC AGAINST FIRE, BUT ALSO IN
30 THE TRAINING FOR AND THE PERFORMANCE OF SUCH OTHER ACTIVITIES AS
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1 ARE COMMONLY UNDERTAKEN BY FIRE COMPANIES AND THEIR AFFILIATED
2 ORGANIZATIONS, INCLUDING, INTER ALIA, FIRE PREVENTION, FIRST
3 AID, RESCUE AND SALVAGE, AMBULANCE SERVICE, FIRE POLICE WORK,
4 RADIO COMMUNICATIONS, ASSISTANCE AT ACCIDENTS, CONTROL OF CROWDS
5 BOTH ON THE FIRE GROUNDS AND AT OCCASIONS OF PUBLIC OR GENERAL
6 ASSEMBLY, ANIMAL RESCUE, ABATEMENT OF CONDITIONS DUE TO STORM,
7 FLOOD, OR GENERAL PERIL, ABATEMENT OR REMOVAL OF HAZARDS TO
8 SAFETY, AND PARTICIPATION IN PUBLIC CELEBRATIONS, PARADES,
9 DEMONSTRATIONS, AND FUND-RAISING CAMPAIGNS.
10 (3) VOLUNTEER [FIREMAN] FIREFIGHTER COMPREHENDS ANY MEMBER
11 OF A FIRE COMPANY, ORGANIZED AND EXISTING UNDER THE LAWS OF THE
12 COMMONWEALTH OF PENNSYLVANIA, AND ALSO ANY MEMBER OF ANY FIRE
13 POLICE UNIT, RESCUE SQUAD, AMBULANCE CORPS, OR OTHER LIKE
14 ORGANIZATION AFFILIATED WITH ONE OR MORE FIRE COMPANIES, AND
15 REFERS TO ANY INDIVIDUAL WHO IS A MEMBER OF SUCH A FIRE COMPANY
16 OR AFFILIATED ORGANIZATION AND WHO PARTICIPATES IN THE FIRE
17 SERVICE, BUT DOES NOT LOOK TO THAT SERVICE AS HIS PRIMARY MEANS
18 OF LIVELIHOOD. A PERSON SHALL NOT LOSE HIS OR HER STATUS AS A
19 VOLUNTEER [FIREMAN] FIREFIGHTER SOLELY BECAUSE HE OR SHE MAY
20 ALSO BE A PAID FIREFIGHTER, AS LONG AS HE OR SHE IS ACTING
21 WITHIN THE SCOPE OF HIS OR HER RESPONSIBILITIES AS A MEMBER OF A
22 VOLUNTEER FIRE COMPANY AT THE TIME AND NOT WITHIN THE SCOPE OF
23 HIS OR HER RESPONSIBILITIES AS A PAID FIREFIGHTER.
24 SECTION 3. SECTIONS 3, 4 AND 5 OF THE ACT ARE AMENDED TO
25 READ:
26 SECTION 3. STATEMENT OF PURPOSE.--THE PURPOSE OF THE
27 LEGISLATURE IN ENACTING THIS STATUTE IS TO ENCOURAGE INDIVIDUALS
28 TO TAKE PART IN THE FIRE SERVICE AS VOLUNTEER [FIREMEN]
29 FIREFIGHTERS, BY ESTABLISHING CRITERIA AND STANDARDS FOR THE
30 ORDERLY ADMINISTRATION AND CONDUCT OF THE AFFAIRS OF [FIREMEN'S]
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1 FIREFIGHTERS' RELIEF ASSOCIATIONS, SO AS TO ENSURE, AS FAR AS
2 CIRCUMSTANCES WILL REASONABLY PERMIT, THAT FUNDS SHALL BE
3 AVAILABLE FOR THE PROTECTION OF VOLUNTEER [FIREMEN] FIREFIGHTERS
4 AND THEIR HEIRS:
5 (1) TO PROVIDE FINANCIAL ASSISTANCE TO VOLUNTEER [FIREMEN]
6 FIREFIGHTERS WHO MAY SUFFER INJURY OR MISFORTUNE BY REASON OF
7 THEIR PARTICIPATION IN THE FIRE SERVICE;
8 (2) TO PROVIDE FINANCIAL ASSISTANCE TO THE WIDOW, CHILDREN,
9 AND/OR OTHER DEPENDENTS OF VOLUNTEER [FIREMEN] FIREFIGHTERS WHO
10 LOSE THEIR LIVES AS A RESULT OF THEIR PARTICIPATION IN THE FIRE
11 SERVICE;
12 (3) TO PROVIDE, EITHER BY INSURANCE OR BY THE OPERATION OF A
13 BENEFICIAL FUND, FOR THE PAYMENT OF A SUM CERTAIN TO THE
14 DESIGNATED BENEFICIARIES OF A PARTICIPATING MEMBER IN SUCH FUND
15 FOLLOWING THE DEATH OF SUCH MEMBER FOR ANY CAUSE, AND TO
16 ESTABLISH CRITERIA WHICH MEMBERS MUST MEET IN ORDER TO QUALIFY
17 AS PARTICIPANTS IN SUCH DEATH BENEFIT FUND;
18 (4) TO PROVIDE SAFEGUARDS FOR PRESERVING LIFE, HEALTH AND
19 SAFETY OF VOLUNTEER [FIREMEN] FIREFIGHTERS, SO AS TO ENSURE
20 THEIR AVAILABILITY TO PARTICIPATE IN THE FIRE SERVICE;
21 (5) TO PROVIDE FINANCIAL ASSISTANCE TO VOLUNTEER [FIREMEN]
22 FIREFIGHTERS WHO, AFTER HAVING ACTIVELY PARTICIPATED IN THE FIRE
23 SERVICE FOR A SPECIFIED MINIMUM TERM, ARE NO LONGER PHYSICALLY
24 ABLE TO CONTINUE SUCH PARTICIPATION AND ARE IN NEED OF FINANCIAL
25 ASSISTANCE;
26 (6) TO PROVIDE FUNDS TO AID THE REHABILITATION OF VOLUNTEER
27 [FIREMEN] FIREFIGHTERS WHO HAVE SUFFERED AN IMPAIRMENT OF THEIR
28 PHYSICAL CAPACITY TO CONTINUE TO PERFORM THEIR NORMAL
29 OCCUPATIONS; AND
30 (7) IN ANY EVENT, TO PROVIDE SUFFICIENT FUNDS TO ENSURE THE
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1 EFFICIENT AND ECONOMICAL HANDLING OF THE BUSINESS OF THE
2 ASSOCIATION IN ACCOMPLISHING THE OBJECTIVES HEREINABOVE SET
3 FORTH.
4 SECTION 4. CONSTRUCTION.--THIS ACT SHALL BE CONSTRUED,
5 APPLIED, AND INTERPRETED, SO FAR AS CIRCUMSTANCES PERMIT, AS
6 JUSTIFYING THE ACTIONS OF THE OFFICERS AND MEMBERS OF VOLUNTEER
7 [FIREMEN'S] FIREFIGHTERS' RELIEF ASSOCIATIONS AFFECTED BY IT,
8 WHEN SUCH ACTIONS APPEAR TO HAVE BEEN TAKEN IN GOOD FAITH AND IN
9 A BONA FIDE BELIEF THAT THEY WERE IN FURTHERANCE OF THE PURPOSES
10 OF THIS ACT, BUT SHALL BE STRICTLY CONSTRUED AND APPLIED AGAINST
11 THOSE RESPONSIBLE FOR ACTIONS TAKEN IN WILFUL DISREGARD OF THE
12 PURPOSES OF THIS ACT, OR WITH RECKLESS INDIFFERENCE TO SUCH
13 PURPOSES, AND IN PARTICULAR, WHERE ANY ACTION CALLED INTO
14 QUESTION RESULTS OR HAS RESULTED OR WAS LIKELY TO RESULT IN AN
15 UNMERITED PERSONAL BENEFIT TO ONE OR MORE OF THOSE RESPONSIBLE
16 FOR THE TAKING OF SUCH ACTION.
17 SECTION 5. STRUCTURE.--(A) A VOLUNTEER [FIREMEN'S]
18 FIREFIGHTERS' RELIEF ASSOCIATION MAY BE A BODY CORPORATE,
19 GOVERNED BY A CHARTER AND BYLAWS, OR IT MAY BE AN UNINCORPORATED
20 ASSOCIATION OF INDIVIDUALS, GOVERNED BY A CONSTITUTION AND
21 BYLAWS. IN EITHER CASE, IT MUST PROVIDE FOR THE TAKING AND
22 PRESERVING OF MINUTES OF ALL MEETINGS, AND THE MAINTENANCE OF
23 SUCH BOOKS OF ACCOUNT AS MAY BE NECESSARY AND APPROPRIATE TO
24 AFFORD A PERMANENT RECORD OF ITS FISCAL AFFAIRS.
25 (B) THE CONSTITUTION OR CHARTER SHALL STATE THE NAME, THE
26 PURPOSES AND THE FORM OF THE ORGANIZATION, SHALL DESIGNATE THE
27 CLASS OR CLASSES OF PERSONS ELIGIBLE FOR MEMBERSHIP, AND THE
28 PROCEDURES TO BE FOLLOWED IN MAKING AMENDMENTS.
29 (C) THE BYLAWS SHALL SPECIFY THE REQUIREMENTS FOR SECURING
30 MEMBERSHIP, THE VOTING RIGHTS OF DIFFERENT CLASSES OF MEMBERS,
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1 IF THERE BE DIFFERENT CLASSES, AND THE CONDITIONS UNDER WHICH
2 MEMBERSHIP MAY BE TERMINATED. THEY SHALL STATE THE NOTICE
3 REQUIREMENTS AND THE PROCEDURE TO BE FOLLOWED IN CALLING
4 MEETINGS, AS WELL AS THE QUORUM REQUIREMENTS FOR REGULAR AND
5 SPECIAL MEETINGS OF THE MEMBERSHIP AND FOR REGULAR AND SPECIAL
6 MEETINGS OF THE BODY WHICH GOVERNS THE OPERATIONS OF THE
7 ASSOCIATION BETWEEN MEMBERSHIP MEETINGS, AND SHALL DESIGNATE
8 THAT BODY, WHETHER IT BE A BOARD OF DIRECTORS, THE TRUSTEES, OR
9 ANY SIMILAR BODY, SUCH AS AN EXECUTIVE COMMITTEE. UNLESS
10 OTHERWISE PROVIDED IN THE BYLAWS, THE POWERS AND DUTIES OF THE
11 OFFICERS AND DIRECTORS AND/OR TRUSTEES, SHALL BE SUCH AS
12 NORMALLY PERTAIN TO SUCH POSITIONS IN NONPROFIT CORPORATIONS.
13 THE BYLAWS SHALL REQUIRE THAT THE SIGNATURES OF AT LEAST TWO
14 OFFICERS, ONE OF WHOM SHALL BE THE DISBURSING OFFICER, SHALL BE
15 REQUIRED IN ORDER TO BIND THE ASSOCIATION BY FORMAL CONTRACT OR
16 TO ISSUE ANY NEGOTIABLE INSTRUMENT. THEY SHALL REQUIRE THAT THE
17 DISBURSING OFFICER, WHETHER DESIGNATED TREASURER, COMPTROLLER,
18 FINANCIAL SECRETARY, OR OTHERWISE, SHALL BE BONDED BY CORPORATE
19 SURETY FOR THE FAITHFUL PERFORMANCE OF HIS DUTIES. THE AMOUNT OF
20 SUCH BOND SHALL BE AT LEAST AS GREAT AS THE MAXIMUM CASH BALANCE
21 IN CURRENT FUNDS OF THE ASSOCIATION AT ANY TIME DURING THE
22 FISCAL YEAR, AND THE PREMIUM ON SUCH BOND SHALL BE A PROPER
23 CHARGE AGAINST THE FUNDS OF THE ASSOCIATION. THE BYLAWS SHALL
24 STATE THE PROCEDURE TO BE FOLLOWED IN NOMINATING AND IN ELECTING
25 OFFICERS, TRUSTEES, DIRECTORS, AND MEMBERS OF THE EXECUTIVE
26 COMMITTEE, ACCORDING TO SUCH PROVISIONS AS SHALL HAVE BEEN MADE
27 FOR THE ESTABLISHMENT OF SUCH POSITIONS. THE BYLAWS SHALL
28 ESTABLISH PROCEDURES FOR THE APPROVAL OF EXPENDITURES AND THE
29 PAYMENT THEREOF, AND FOR THE INVESTMENT OF FUNDS AND THE SALE OF
30 INVESTMENTS. THE BYLAWS SHALL SET OUT THE PROCEDURE TO BE
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1 FOLLOWED IN AMENDING THE BYLAWS, AND SHALL SPECIFY THE NOTICE
2 REQUIRED WITH RESPECT TO PROPOSED AMENDMENTS, INCLUDING THE
3 TIME, PLACE, AND THE DATE WHEN ANY PROPOSED AMENDMENT SHALL BE
4 CONSIDERED. THE BYLAWS SHALL BE FAITHFULLY PRESERVED IN
5 PERMANENT FORM AND ANY AMENDMENTS MADE THERETO SHALL BE ENTERED
6 THEREON WITH THE DATE WHEN ANY SUCH AMENDMENT BECAME EFFECTIVE.
7 THE BYLAWS MAY CONTAIN ANY SUCH OTHER PROVISIONS AS MAY TO THE
8 MEMBERSHIP SEEM TO BE APPROPRIATE OR NECESSARY TO THE ORDERLY
9 CONDUCT OF THE AFFAIRS OF THE ASSOCIATION.
10 (D) IN ADDITION TO THE BYLAWS THE ASSOCIATION MAY ADOPT FROM
11 TIME TO TIME SUCH MATTERS AS THE MEMBERSHIP MAY REGARD AS OF A
12 ROUTINE NATURE UNDER THE HEAD OF STANDING PROCEDURES. SUCH
13 PROCEDURES MAY BE ADOPTED, MODIFIED OR REPEALED BY MOTION AND
14 MAJORITY VOTE BUT THEY SHALL NOT BE INCONSISTENT WITH THE BYLAWS
15 AND THEY SHALL BE RECORDED AS AN APPENDIX TO THE BYLAWS.
16 (E) ANY VOLUNTEER [FIREMEN'S] FIREFIGHTERS' RELIEF
17 ASSOCIATION ORGANIZED OR CONDUCTED IN ACCORDANCE WITH THE
18 REQUIREMENTS OF THIS SECTION SHALL BE REGARDED AS A CHARITABLE
19 CORPORATION FOR ALL PURPOSES INCLUDING THE RIGHT TO ESTABLISH
20 EXEMPTION FROM THE OPERATION OF CERTAIN TAXES.
21 SECTION 4. SECTION 6 OF THE ACT, AMENDED MARCH 23, 1972
22 (P.L.119, NO.44) AND MARCH 7, 1982 (P.L.168, NO.53), IS AMENDED
23 TO READ:
24 SECTION 6. FUNDS.--(A) ANY VOLUNTEER [FIREMEN'S]
25 FIREFIGHTERS' RELIEF ASSOCIATION SHALL HAVE THE RIGHT TO SOLICIT
26 AND RECEIVE GIFTS AND CONTRIBUTIONS FROM ANY SOURCE INCLUDING
27 MUNICIPAL CORPORATIONS. IT SHALL NOT HAVE THE RIGHT TO RECEIVE
28 ANY PORTION OF THE MONEYS DISTRIBUTED TO THE POLITICAL
29 SUBDIVISIONS OF THE COMMONWEALTH UNDER THE PROVISIONS OF THE ACT
30 OF JUNE 28, 1895 (P.L.408), UNLESS AND UNTIL THE GOVERNING BODY
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1 OF AT LEAST ONE SUCH POLITICAL SUBDIVISION SHALL HAVE CERTIFIED
2 TO THE AUDITOR GENERAL THAT SUCH ASSOCIATION IS IN FACT A BONA
3 FIDE VOLUNTEER [FIREMEN'S] FIREFIGHTERS' RELIEF ASSOCIATION
4 AFFILIATED WITH A FIRE COMPANY WHICH AFFORDS PROTECTION AGAINST
5 FIRE TO ALL OR A PORTION OF THE POLITICAL SUBDIVISION.
6 (B) THE FUNDS OF ANY VOLUNTEER [FIREMEN'S] FIREFIGHTERS'
7 RELIEF ASSOCIATION MAY BE DEPOSITED IN ANY BANK, TRUST COMPANY,
8 OR OTHER BANKING ESTABLISHMENT ACCREDITED BY THE COMMONWEALTH OR
9 INSURED BY THE GOVERNMENT OF THE UNITED STATES.
10 (C) ALL, OR ANY PART OF THE FUNDS OF ANY VOLUNTEER
11 [FIREMEN'S] FIREFIGHTERS' RELIEF ASSOCIATION MAY BE INVESTED:
12 (1) IN ANY FORM OF INVESTMENT NAMED IN THE FIDUCIARIES ACT
13 OF 1949, AS AMENDED, INCLUDING FIRST MORTGAGES. SUCH FIRST
14 MORTGAGES INSURING REPAYMENT OF LOANS BY RELIEF ASSOCIATIONS
15 MUST PROVIDE FOR A MINIMUM INTEREST PAYMENT OF THREE PER CENT
16 AND NOT EXCEED EIGHTY PER CENT OF THE APPRAISED VALUE OF THE
17 REAL PROPERTY COVERED BY THE MORTGAGE.
18 (2) IN ANY OBLIGATION OF A POLITICAL SUBDIVISION, HAVING THE
19 POWER TO LEVY OR COLLECT TAXES, OR
20 (3) IN ANY OBLIGATION OF AN INCORPORATED FIRE COMPANY WHICH
21 OBLIGATION IS SECURED BY ASSETS OF THE COMPANY HAVING CAPITAL
22 VALUE EQUAL TO AT LEAST ONE HUNDRED FIFTY PER CENT OF THE AMOUNT
23 OF THE OBLIGATION AT THE TIME IT IS MADE, AND IS SUBJECT TO
24 PROVISIONS WHICH WILL AMORTIZE SUCH LOAN AT A RATE ENSURING THAT
25 THE DEPRECIATED VALUE OF THE ASSETS PLEDGED SHALL CONTINUE TO BE
26 AT LEAST EQUAL TO ONE HUNDRED FIFTY PER CENT OF THE BALANCE
27 REMAINING DUE.
28 (D) NO INVESTMENT SHALL BE ACQUIRED, ENCUMBERED OR SOLD
29 EXCEPT PURSUANT TO A RESOLUTION DULY ENACTED BY THE GOVERNING
30 BODY OF THE ASSOCIATION. THE INCOME FROM INVESTMENTS HOWEVER MAY
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1 BE INVESTED OR SPENT IN THE SAME WAY AS ANY OTHER INCOME.
2 (E) THE FUNDS OF ANY VOLUNTEER [FIREMEN'S] FIREFIGHTERS'
3 RELIEF ASSOCIATION MAY BE SPENT:
4 (1) TO PAY FOR SUCH NORMAL AND REASONABLE RUNNING EXPENSES
5 AS MAY BE APPROPRIATE TO THE BUSINESSLIKE CONDUCT OF ITS AFFAIRS
6 INCLUDING LEGAL FEES AND INCLUDING BUT NOT BY WAY OF LIMITATION
7 THE RENTAL OR PURCHASE OF OFFICES, THE PAYMENT OF REASONABLE
8 COMPENSATION OF ANY NEEDED EMPLOYES, AND THE PURCHASE OF OFFICE
9 EQUIPMENT AND SUPPLIES.
10 (2) TO PURCHASE CONTRACTS OF INSURANCE WHICH SHALL AT THE
11 LEAST AFFORD FINANCIAL ASSISTANCE TO ACTIVE MEMBERS OF THE FIRE
12 SERVICE REPRESENTED BY THE ASSOCIATION AGAINST LOSSES DUE TO
13 INJURY SUFFERED IN THE FIRE SERVICE AND WHICH MAY ALSO PROVIDE
14 IN THE ORDER NAMED, (I) FOR PAYMENTS TO THE [WIDOW] SURVIVING
15 SPOUSE OR OTHER DEPENDENTS OF A MEMBER IN THE EVENT OF [HIS] THE
16 MEMBER'S DEATH, (II) FOR PROTECTION OF ACTIVE [FIREMEN]
17 FIREFIGHTERS AGAINST DISEASE, (III) FOR THE REPLACEMENT OR
18 PURCHASE OF PROSTHETIC DEVICES SUCH AS VISUAL AIDS, HEARING
19 AIDS, DENTURES, BRACES, CRUTCHES, AND THE LIKE, WHERE SUCH
20 DEVICES HAVE BEEN LOST OR DAMAGED WHILE THE OWNER WAS ENGAGED IN
21 THE FIRE SERVICE OR WHERE THE NEED FOR SUCH DEVICES ARISES
22 BECAUSE OF FUNCTIONAL IMPAIRMENT ATTRIBUTABLE TO PARTICIPATION
23 IN THE FIRE SERVICE, (IV) FOR THE REPAIR OR REPLACEMENT IF
24 NECESSARY OF ARTICLES OF CLOTHING OR POCKET PAGERS DAMAGED OR
25 LOST IN THE COURSE OF PARTICIPATION IN THE FIRE SERVICE, AND (V)
26 FOR DISABILITY INCURRED AFTER SERVICE FOR A MINIMUM OF TWENTY
27 YEARS AS A VOLUNTEER [FIREMAN] FIREFIGHTER.
28 (3) TO MAINTAIN A BENEFICIARY OR DEATH BENEFIT FUND AND TO
29 PAY A SUM CERTAIN FROM THAT FUND TO THE BENEFICIARY OF ANY
30 PARTICIPANT IN THAT FUND UPON HIS OR HER DEATH. IN THE EVENT A
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1 BENEFICIARY IS NOT DESIGNATED OR A DESIGNATED ONE HAS
2 PREDECEASED THE PARTICIPANT, THE SUM CERTAIN SHALL BE PAID TO
3 THE ESTATE OF THE PARTICIPANT.
4 (4) TO PAY IN FULL OR IN PART FOR DAMAGE OR LOSS IN ANY OF
5 THE CATEGORIES MENTIONED IN CLAUSE (2) ABOVE IN ANY SPECIFIC
6 CASE IN WHICH (I) NO POLICY OF INSURANCE IS IN FORCE WHICH
7 COVERS THE RISK, OR (II) THE AMOUNT PAYABLE UNDER INSURANCE
8 POLICIES IN FORCE IS INADEQUATE TO COVER THE LOSS.
9 (5) TO PAY THE COSTS OF PROCURING AND FORWARDING TOKENS OF
10 SYMPATHY AND GOODWILL. TO A VOLUNTEER [FIREMAN] FIREFIGHTER WHO
11 MAY BE ILL OR HOSPITALIZED AS A RESULT OF PARTICIPATION IN THE
12 FIRE SERVICE OR WHO MAY DIE OR WHO MAY BE SERIOUSLY ILL FOR ANY
13 REASON.
14 (6) TO MAKE CASH PAYMENTS TO FAMILIES IN DISTRESSED
15 CIRCUMSTANCES BY REASON OF AGE, INFIRMITIES OR OTHER
16 DISABILITIES SUFFERED BY ONE OF THE FAMILY IN THE COURSE OF HIS
17 OR HER PARTICIPATION IN THE FIRE SERVICE AS A VOLUNTEER
18 [FIREMAN] FIREFIGHTER.
19 (7) TO ACQUIRE AND MAINTAIN MEMBERSHIP IN ANY STATEWIDE
20 ASSOCIATION OR CORPORATION WHICH EXTENDS ADVICE AND ASSISTANCE
21 TO [FIREMEN'S] FIREFIGHTERS' RELIEF ASSOCIATIONS IN THE CONDUCT
22 OF THEIR AFFAIRS AND TO PAY REASONABLE EXPENSES OF TRAVEL AND
23 MAINTENANCE TO A DULY ELECTED DELEGATE FOR ATTENDANCE AT SUCH
24 MEETINGS OF SUCH STATEWIDE ASSOCIATION OR CORPORATION.
25 (8) TO CONTRIBUTE OR TO PURCHASE CONTRACTS OF INSURANCE
26 WHICH WILL CONTRIBUTE TOWARDS THE COSTS OF REHABILITATING AND
27 RETRAINING VOLUNTEER [FIREMEN] FIREFIGHTERS WHO BY REASON OF
28 THEIR PARTICIPATION IN THE FIRE SERVICE HAVE SUFFERED A MAJOR
29 IMPAIRMENT OF THEIR ABILITY TO CONTINUE THEIR VOCATION.
30 (9) TO PAY FOR MEDICAL AND SURGICAL BILLS ARISING FROM
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1 INJURIES SUSTAINED BY VOLUNTEER [FIREMEN] FIREFIGHTERS WHILE
2 ENGAGED IN ACTIVITIES OF THE FIRE COMPANY TO THE EXTENT THAT
3 SAID BILLS ARE NOT COVERED BY INSURANCE PROVIDED BY THE RELIEF
4 ASSOCIATION.
5 (10) TO PAY REASONABLE EXPENSES ACTUALLY AND NECESSARILY
6 INCURRED FOR ATTENDING BONA FIDE [FIREMEN'S] FIREFIGHTERS'
7 TRAINING SCHOOLS.
8 (11) TO PURCHASE SAFEGUARDS FOR PRESERVING LIFE, HEALTH, AND
9 SAFETY OF VOLUNTEER [FIREMEN] FIREFIGHTERS, SO AS TO ENSURE
10 THEIR AVAILABILITY TO PARTICIPATE IN THE VOLUNTEER FIRE SERVICE.
11 (12) TO SECURE INSURANCE AGAINST THE LEGAL LIABILITY OF THE
12 VOLUNTEER [FIREMEN] FIREFIGHTERS FOR LOSS AND EXPENSE FROM
13 CLAIMS ARISING OUT OF THE PERFORMANCE OF THEIR OFFICIAL,
14 AUTHORIZED DUTIES WHILE GOING TO, RETURNING FROM OR ATTENDING
15 FIRES OR WHILE PERFORMING THEIR DUTIES AS SPECIAL FIRE POLICE.
16 (13) To maintain comprehensive health, physical fitness and
17 physical monitoring programs that provide for physical fitness
18 activities, nutrition education and instruction and health and
19 fitness evaluation and monitoring. The programs shall be
20 approved by the nearest State-licensed health care facility
21 which is authorized to provide such service.
22 (14) TO PURCHASE EXERCISE AND FITNESS EQUIPMENT FOR USE BY <--
23 VOLUNTEER FIREFIGHTERS. EXPENDITURES FOR EXERCISE AND FITNESS
24 EQUIPMENT SHALL NOT, HOWEVER, EXCEED $2,000 IN ANY TWO-YEAR
25 PERIOD.
26 (15) TO PURCHASE FIRE HOSES, NOZZLES AND FIRE PREVENTION
27 MATERIALS FOR OUTSIDE DISTRIBUTION.
28 SECTION 5. THE ACT IS AMENDED BY ADDING A SECTION TO READ:
29 SECTION 6.1. COOPERATION AGREEMENTS.--TWO OR MORE VOLUNTEER
30 FIREFIGHTERS' RELIEF ASSOCIATIONS MAY JOINTLY COOPERATE TO ENTER
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1 INTO AGREEMENTS TO MAKE EXPENDITURES THAT ARE AUTHORIZED UNDER
2 THIS ACT. A JOINT COOPERATION AGREEMENT MAY BE ENFORCED BY AND
3 AGAINST A VOLUNTEER FIREFIGHTERS' RELIEF ASSOCIATION.
4 SECTION 6. SECTIONS 7 AND 8 OF THE ACT ARE AMENDED TO READ:
5 SECTION 7. AUDITS.--(A) THE DEPARTMENT OF THE AUDITOR
6 GENERAL SHALL HAVE THE POWER, AND ITS DUTY SHALL BE, TO AUDIT
7 THE ACCOUNTS AND RECORDS OF EVERY VOLUNTEER [FIREMEN'S]
8 FIREFIGHTERS' RELIEF ASSOCIATION RECEIVING ANY MONEY UNDER THE
9 ACT OF JUNE 28, 1895 (P.L.408), AS AMENDED, AS FAR AS MAY BE
10 NECESSARY TO SATISFY THE DEPARTMENT THAT THE MONEY RECEIVED WAS
11 EXPENDED OR IS BEING EXPENDED FOR NO PURPOSE OTHER THAN THAT
12 AUTHORIZED BY THIS ACT. COPIES OF ALL SUCH AUDITS SHALL BE
13 FURNISHED TO THE GOVERNOR.
14 (B) IF AT ANY TIME THE DEPARTMENT OF THE AUDITOR GENERAL
15 SHALL FIND THAT ANY MONEY RECEIVED BY A VOLUNTEER [FIREMEN'S]
16 FIREFIGHTERS' RELIEF ASSOCIATION HAS BEEN EXPENDED FOR ANY
17 PURPOSE OTHER THAN THOSE AUTHORIZED BY THIS ACT, IT SHALL
18 FORTHWITH NOTIFY THE GOVERNOR, AND SHALL DECLINE TO APPROVE ANY
19 FURTHER REQUISITION CALLING FOR PAYMENT TO SUCH VOLUNTEER
20 [FIREMEN'S] FIREFIGHTERS' RELIEF ASSOCIATION, UNTIL AN AMOUNT
21 EQUAL TO THAT IMPROPERLY EXPENDED SHALL HAVE BEEN REIMBURSED TO
22 THE RELIEF ASSOCIATION FUND.
23 SECTION 8. DISSOLUTION.--(A) IF A MAJORITY OF THOSE VOTING
24 IN A REFERENDUM CONDUCTED IN ANY POLITICAL SUBDIVISION SHALL
25 DECIDE IN ACCORDANCE WITH THE ACT OF JUNE 13, 1955 (P.L.173), TO
26 REPLACE A VOLUNTEER FIRE COMPANY SERVING SUCH SUBDIVISION WITH A
27 FULL-PAID FIRE DEPARTMENT OR COMPANY AND THE VOLUNTEER COMPANY
28 SO REPLACED CEASES TO RENDER FIRE SERVICE TO ANY COMMUNITY IT
29 SHALL WITHDRAW FROM THE VOLUNTEER [FIREMEN'S] FIREFIGHTERS'
30 RELIEF ASSOCIATION WHICH THERETOFORE EXTENDED PROTECTION TO ITS
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1 MEMBERSHIP.
2 (B) IN ACCORDANCE WITH THE ABOVE ACTION THE RELIEF
3 ASSOCIATION SHALL CONTINUE TO FUNCTION AS HERETOFORE GRANTING
4 FINANCIAL ASSISTANCE TO ITS REMAINING MEMBERS AND THEIR FAMILIES
5 IN DEATH, SICKNESS AND DISTRESS SUFFERED THROUGH THE UNFORTUNATE
6 ELEMENTS OF LIFE.
7 (C) THE VOLUNTEER [FIREMEN'S] FIREFIGHTERS' RELIEF
8 ASSOCIATION SO FUNCTIONING SHALL NOT RECEIVE ANY NEW MEMBERS.
9 (D) WHEN THE MEMBERSHIP ROLL OF THE RELIEF ASSOCIATION SO
10 FUNCTIONING SHALL DIMINISH TO FIVE MEMBERS IT SHALL APPLY TO THE
11 LOCAL COMMON PLEAS COURT FOR DISSOLUTION.
12 (E) SAID COURT SHALL DIRECT THAT ALL BILLS INCLUDING THE
13 COSTS OF DISSOLUTION BE PAID AND THE BALANCE OF THE FUNDS IN THE
14 TREASURY BE PAID TO THE PENSION FUND OF THE PAID FIRE DEPARTMENT
15 SO CREATED BY THE GOVERNING BODY OF THE LOCAL POLITICAL
16 SUBDIVISION.
17 Section 2 7. This act shall take effect in 60 days. <--
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