PRINTER'S NO. 1766
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. A28L40DMS/20080S1238B1766 - 3 -