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                                                      PRINTER'S NO. 1766

THE GENERAL ASSEMBLY OF PENNSYLVANIA


SENATE BILL

No. 1238 Session of 2008


        INTRODUCED BY STACK, TARTAGLIONE, ORIE, COSTA, RAFFERTY, LOGAN,
           FONTANA, WAUGH, O'PAKE, GREENLEAF, WOZNIAK, RHOADES, BOSCOLA,
           FERLO, HUGHES, FUMO AND C. WILLIAMS, FEBRUARY 12, 2008

        REFERRED TO LABOR AND INDUSTRY, FEBRUARY 12, 2008

                                     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.

     8     The General Assembly of the Commonwealth of Pennsylvania
     9  hereby enacts as follows:
    10     Section 1.  Section 1(d) and (e) of the act of June 24, 1976
    11  (P.L.424, No.101), referred to as the Emergency and Law
    12  Enforcement Personnel Death Benefits Act, amended October 6,
    13  2005 (P.L.319, No.59) and July 2, 2007 (P.L.68, No.21), are
    14  amended to read:
    15     Section 1.  * * *
    16     (d)  Upon receipt of such certification, the Commonwealth
    17  shall, from moneys payable out of the General Fund, pay to the
    18  [political subdivision] surviving spouse or, if there is no
    19  surviving spouse, to the minor children of the firefighter,
    20  ambulance service, certified hazardous material response team

     1  member, rescue squad member or law enforcement officer who died
     2  as a result of the performance of his duty the sum of [$100,000]
     3  $250,000, adjusted in accordance with subsection (f) of this
     4  section. [If the deceased was a member of a team organized under
     5  a Commonwealth agency, the death benefit shall be paid to the
     6  Commonwealth agency instead of the political subdivision. Within
     7  five days of receipt of said sum from the Commonwealth, the
     8  political subdivision or Commonwealth agency shall pay such sum
     9  as a benefit to the surviving spouse, or if there is no
    10  surviving spouse, to the minor children of the firefighter,
    11  ambulance service member, certified hazardous material response
    12  team member, rescue squad member or law enforcement officer who
    13  died as a result of the performance of his duty.] When no spouse
    14  or minor children survive, the benefit shall be paid to the
    15  parent or parents of such firefighter, ambulance service member,
    16  certified hazardous material response team member, rescue squad
    17  member or law enforcement officer.
    18     (e)  The Commonwealth of Pennsylvania shall pay out of the
    19  General Fund to the surviving spouse or, if there is no
    20  surviving spouse, the minor children of a National Guard member,
    21  State police officer or other law enforcement officer of the
    22  Commonwealth who died as a result of the performance of his
    23  duties the sum of [$100,000] $250,000, adjusted in accordance
    24  with subsection (f) of this section. When no spouse or minor
    25  children survive, the benefit shall be paid to the parent or
    26  parents of such National Guard member, State police officer or
    27  other law enforcement officer of the Commonwealth. The benefit
    28  shall be payable whether or not the National Guard member or
    29  officer died as a result of the performance of his duty within
    30  the Commonwealth of Pennsylvania.
    20080S1238B1766                  - 2 -     

     1     * * *
     2     Section 2.  This act shall take effect in 60 days.



















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