PRINTER'S NO. 1826
No. 1479 Session of 2007
INTRODUCED BY HARPER, MURT, J. TAYLOR, VEREB, WATSON, R. TAYLOR,
BEAR, DENLINGER, FABRIZIO, GODSHALL, JAMES, MELIO, STEIL AND
THOMAS, JUNE 5, 2007
REFERRED TO COMMITTEE ON FINANCE, JUNE 5, 2007
AN ACT
1 Amending the act of June 24, 1976 (P.L.424, No.101), entitled,
2 as amended, "An act providing for the payment of death
3 benefits to the surviving spouse or children or parents of
4 firefighters, ambulance service or rescue squad members, law
5 enforcement officers or National Guard members who die as a
6 result of the performance of their duties;" further providing
7 for death benefit eligibility; and repealing certain
8 provisions of the Municipal Police Pension Law and the
9 Municipal Pension Plan Funding Standard and Recovery Act.
10 The General Assembly of the Commonwealth of Pennsylvania
11 hereby enacts as follows:
12 Section 1. Section 1 of the act of June 24, 1976 (P.L.424,
13 No.101), referred to as the Emergency and Law Enforcement
14 Personnel Death Benefits Act, amended April 2, 2002 (P.L.213,
15 No.20) and October 6, 2005 (P.L.319, No.59), is amended to read:
16 Section 1. (a) In the event a law enforcement officer,
17 ambulance service or rescue squad member, firefighter or
18 National Guard member dies as a result of the performance of his
19 duties, such political subdivision or, in the case of National
20 Guard members, the Adjutant General or, in the case of a member
21 of a Commonwealth law enforcement agency, the agency head,
1 within 30 days from the date of death, shall submit
2 certification of such death to the Commonwealth.
3 (a.1) A firefighter, ambulance service or rescue squad
4 member, law enforcement officer or National Guard member who
5 suffers a fatal heart attack or stroke while on duty or not
6 later than 24 hours after participating in a physical training
7 exercise or responding to an emergency is presumed to have died
8 as a result of the performance of his duties for purposes of
9 this act.
10 (b) A volunteer firefighter shall be deemed to be acting in
11 the performance of his duties for the purposes of this act going
12 to or directly returning from a fire which the fire company or
13 fire department attended including travel from and direct return
14 to a firefighter's home, place of business or other place where
15 he or she shall have been when he or she received the call or
16 alarm or while participating in instruction fire drills in which
17 the fire department or fire company shall have participated or
18 while repairing or doing other work about or on the fire
19 apparatus or buildings and grounds of the fire company or fire
20 department upon the authorization of the chief of the fire
21 company or fire department or other person in charge or while
22 answering any emergency calls for any purpose or while riding
23 upon the fire apparatus which is owned or used by the fire
24 company or fire department or while performing any other duties
25 of such fire company or fire department as authorized by the
26 municipality or while performing duties imposed by section 15,
27 act of April 27, 1927 (P.L.465, No.299), referred to as the Fire
28 and Panic Act.
29 (c) A volunteer ambulance service or rescue squad member
30 shall be deemed to be acting in the performance of his duties
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1 for the purposes of this act going to or directly returning from
2 an emergency which the ambulance service or rescue squad
3 attended including travel from and direct return to an ambulance
4 service or rescue squad member's home, place of business or
5 other place where he or she shall have been when he or she
6 received the call or alarm or while participating in drills in
7 which the ambulance service or rescue squad shall have
8 participated or while repairing or doing other work about or on
9 any emergency vehicle or buildings and grounds of the ambulance
10 service or rescue squad upon the authorization of the chief of
11 the ambulance service or rescue squad or other person in charge
12 while answering any emergency calls for any purpose or while
13 riding upon any vehicles which are owned or used by the
14 ambulance service or rescue squad.
15 (d) Upon receipt of such certification, the Commonwealth
16 shall, from moneys payable out of the General Fund, pay to the
17 [political subdivision] surviving spouse or, if there is no
18 surviving spouse, to the minor children of the paid firefighter,
19 ambulance service or rescue squad member or law enforcement
20 officer who died as a result of the performance of his duty the
21 sum of $100,000, adjusted in accordance with subsection (f) of
22 this section[. Within five days of receipt of said sum from the
23 Commonwealth, the political subdivision shall pay such sum as a
24 benefit to the surviving spouse, or if there is no surviving
25 spouse, to the minor children of the firefighter, ambulance
26 service or rescue squad member or law enforcement officer who
27 died as a result of the performance of his duty.], and an amount
28 equal to the monthly salary, adjusted in accordance with
29 subsection (f) of this section, of the deceased paid
30 firefighter, ambulance service or rescue squad member or law
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1 enforcement officer, less any workers' compensation or pension
2 or retirement benefits paid to such survivors, and shall
3 continue such monthly payments until there is no eligible
4 beneficiary to receive them. When no spouse or minor children
5 survive, [the benefit] a single sum of $100,000, adjusted in
6 accordance with subsection (f) of this section, shall be paid to
7 the parent or parents of such firefighter, ambulance service or
8 rescue squad member or law enforcement officer.
9 (e) The Commonwealth of Pennsylvania shall pay out of the
10 General Fund to the surviving spouse or, if there is no
11 surviving spouse, the minor children of a National Guard member,
12 [State police officer or other law enforcement officer of the
13 Commonwealth] volunteer firefighter, ambulance service or rescue
14 squad member who died as a result of the performance of his
15 duties the sum of $100,000, adjusted in accordance with
16 subsection (f) of this section. When no spouse or minor children
17 survive, the benefit shall be paid to the parent or parents of
18 such National Guard member, [State police officer or other law
19 enforcement officer of the Commonwealth] volunteer firefighter,
20 ambulance service or rescue squad member. The benefit shall be
21 payable whether or not the National Guard member or [officer]
22 volunteer firefighter, ambulance service or rescue squad member
23 died as a result of the performance of his duty within the
24 Commonwealth of Pennsylvania.
25 (f) On July 1, 2006, and each July 1 thereafter, the
26 Commonwealth shall adjust the level of the benefit payable
27 immediately before July 1 under subsections (d) and (e) of this
28 section to reflect the annual percentage change in the Consumer
29 Price Index for All Urban Consumers, published by the United
30 States Department of Commerce, Bureau of Labor Statistics,
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1 occurring in the one-year period ending on January 1 immediately
2 preceding July 1.
3 (g) A National Guard member shall be deemed to be acting in
4 the performance of his duties for the purposes of this act when:
5 (1) his death occurs in an official duty status
6 authorized under 51 Pa.C.S. § 508 (relating to active State
7 duty for emergency); or
8 (2) going directly to or from the place of such duties.
9 Section 2. Repeals are as follows:
10 (1) The General Assembly declares that the repeals under
11 paragraph (2) are necessary to effectuate the amendment of
12 section 1 of the act.
13 (2) The following parts of acts are repealed:
14 (i) Section 5(e)(2) of the act of May 29, 1956 (1955
15 P.L.1804, No.600), referred to as the Municipal Police
16 Pension Law.
17 (ii) Section 202(b)(3((vi) and (4)(vi) of the act of
18 December 18, 1984 (P.L.1005, No.205), known as the
19 Municipal Pension Plan Funding Standard and Recovery Act.
20 Section 3. The Commonwealth shall reimburse any municipal
21 pension plan for any benefits paid to survivors under section
22 5(e)(2) of the act of May 29, 1956 (1955 P.L.1804, No.600),
23 referred to as the Municipal Police Pension Law, and shall
24 assume all obligations to continue the payment of the benefits
25 into the future, relieving the municipality and its police
26 pension fund of any liability for the payment or actuarial
27 reporting of the benefits.
28 Section 4. This act shall take effect in 60 days.
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