THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY MANN, GERBER, ADOLPH, BARBIN, BELFANTI, BEYER, BISHOP, BOYD, BOYLE, BRENNAN, BRIGGS, BURNS, BUXTON, CALTAGIRONE, CARROLL, CASORIO, CAUSER, COHEN, D. COSTA, P. COSTA, CREIGHTON, DALLY, DEASY, DONATUCCI, ELLIS, EVERETT, FAIRCHILD, FARRY, GALLOWAY, GEIST, GEORGE, GERGELY, GIBBONS, GILLESPIE, GINGRICH, GOODMAN, GRUCELA, HARHAI, HARKINS, HARRIS, HORNAMAN, JOSEPHS, KILLION, KORTZ, KOTIK, KULA, LONGIETTI, MAHONEY, MATZIE, McCALL, McGEEHAN, MELIO, MENSCH, MICOZZIE, MURPHY, MURT, M. O'BRIEN, O'NEILL, PEIFER, PERZEL, PHILLIPS, PRESTON, PYLE, READSHAW, REED, REICHLEY, SABATINA, SANTARSIERO, SANTONI, SIPTROTH, SOLOBAY, STABACK, STERN, STURLA, J. TAYLOR, THOMAS, VULAKOVICH, YOUNGBLOOD AND YUDICHAK, JUNE 22, 2009

REFERRED TO COMMITTEE ON VETERANS AFFAIRS AND EMERGENCY PREPAREDNESS, JUNE 22, 2009  

AN ACT

Amending the act of June 24, 1976 (P.L.424, No.101), entitled,

as amended, "An act providing for the payment of death

benefits to the surviving spouse or children or parents of

firefighters, ambulance service or rescue squad members, law

enforcement officers or National Guard members who die as a

result of the performance of their duties," further providing

for death benefit eligibility.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 1(d) and (e) of the act of June 24, 1976

(P.L.424, No.101), referred to as the Emergency and Law

Enforcement Personnel Death Benefits Act, amended October 6,

2005 (P.L.319, No.59) and July 2, 2007 (P.L.68, No.21), are

amended to read:

Section 1. * * *

(d)  Upon receipt of such certification, the Commonwealth

shall, from moneys payable out of the General Fund, pay to the

[political subdivision] surviving spouse or, if there is no

surviving spouse, to the minor children of the firefighter,

ambulance service, certified hazardous material response team

member, rescue squad member or law enforcement officer who died

as a result of the performance of his duty the sum of [$100,000]

$250,000, adjusted in accordance with subsection (f) of this

section. [If the deceased was a member of a team organized under

a Commonwealth agency, the death benefit shall be paid to the

Commonwealth agency instead of the political subdivision. Within

five days of receipt of said sum from the Commonwealth, the

political subdivision or Commonwealth agency shall pay such sum

as a benefit to the surviving spouse, or if there is no

surviving spouse, to the minor children of the firefighter,

ambulance service member, certified hazardous material response

team member, rescue squad member or law enforcement officer who

died as a result of the performance of his duty.] When no spouse

or minor children survive, the benefit shall be paid to the

parent or parents of such firefighter, ambulance service member,

certified hazardous material response team member, rescue squad

member or law enforcement officer.

(e)  The Commonwealth of Pennsylvania shall pay out of the

General Fund to the surviving spouse or, if there is no

surviving spouse, the minor children of a National Guard member,

State police officer or other law enforcement officer of the

Commonwealth who died as a result of the performance of his

duties the sum of [$100,000] $250,000, adjusted in accordance

with subsection (f) of this section. When no spouse or minor

children survive, the benefit shall be paid to the parent or

parents of such National Guard member, State police officer or

other law enforcement officer of the Commonwealth. The benefit

shall be payable whether or not the National Guard member or

officer died as a result of the performance of his duty within

the Commonwealth of Pennsylvania.

* * *

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