AN ACT

 

1Amending the act of June 2, 1915 (P.L.736, No.338), entitled, as
2reenacted and amended, "An act defining the liability of an
3employer to pay damages for injuries received by an employe
4in the course of employment; establishing an elective
5schedule of compensation; providing procedure for the
6determination of liability and compensation thereunder; and
7prescribing penalties," in additional coverages, further
8providing for definitions and for reimbursement.

9The General Assembly of the Commonwealth of Pennsylvania
10hereby enacts as follows:

11Section 1. Section 601(a) of the act of June 2, 1915 
12(P.L.736, No.338), known as the Workers' Compensation Act,
13reenacted and amended June 21, 1939 (P.L.520, No.281), is
14amended by adding a clause to read:

15Section 601. (a) In addition to those persons included
16within the definition of the word "employe" as defined in
17section 104, "employe" shall also include:

18* * *

19(11) All volunteer members of an emergency management team
20of a county, city, borough, incorporated town or township, or
21any combination of such municipalities. Volunteer members under

1this clause are declared to be employes of such municipalities
2for the purposes of this act and shall be entitled to receive
3compensation in the case of injuries received while actually
4engaged as a volunteer member of an emergency management team at
5any emergency to which the volunteer has been called or
6responded. Actual engagement as a volunteer member of an
7emergency management team at any emergency includes all of the
8following:

9(i) A response under 35 Pa.C.S. Ch. 73 Subch. C (relating to
10intrastate mutual aid).

11(ii) Travel from and the direct return to the volunteer's
12home, place of business or other place where the volunteer shall
13have been when the volunteer received the call or alarm or while
14performing any other duties authorized by the municipality.

15* * *

16Section 2. Section 602 of the act, added June 19, 2002 
17(P.L.419, No.60), is amended to read:

18Section 602. (a) The following shall apply:

19(1) A municipality or an area of a municipality which
20receives emergency services pursuant to a contract, standing
21agreement or arrangement from a volunteer emergency service
22provider located in a host municipality shall reimburse the host
23municipality under the provisions of either clause (2) or (3).

24(2) Reimbursement under clause (1) shall be for a portion of
25the cost of the workers' compensation premiums covering the
26members of the volunteer emergency service provider. The
27appropriate portion of the cost shall be determined as follows:

28(i) Determine the population ratio of the municipality or
29the area of the municipality receiving emergency services to the
30entire population (host municipality and the municipality or the

1area of the municipality) receiving emergency services from the
2volunteer emergency service provider. The following shall apply:

3(A) No segment of the population of the municipality or area
4of the municipality receiving emergency services may be included
5in more than one service area for purposes of calculating the
6ratio under subclause (i).

7(B) If the first due area for fire protection services and
8the first due area for emergency medical services differ within
9a municipality or an area of a municipality receiving emergency
10services, then the ratio under subclause (i) shall be calculated
11using the first due area for fire protection services.

12(ii) Multiply the ratio under subclause (i) by the host
13municipality's entire cost of the workers' compensation premium
14for covering members of the volunteer emergency service
15provider.

16(3) The host municipality and the municipality receiving the
17emergency services may agree to share the cost on some other
18basis.

19(b) As used in this section:

20"Emergency services" shall mean any of the following:

21(i) Fire protection services.

22(ii) Ambulance services.

23(iii) Emergency medical services.

24(iv) Quick response services.

25(v) Emergency management services.

26(vi) Rescue and lifesaving services.

27(vii) Hazardous material support services.

28(viii) Certified hazardous materials response services.

29"Host municipality" shall mean a municipality that is
30responsible for workers' compensation premiums for an emergency

1service provider located within its corporate boundaries.

2"Volunteer emergency service provider" shall mean any of the
3following:

4(i) A volunteer fire company.

5(ii) A volunteer ambulance corps.

6(iii) A volunteer quick response service.

7(iv) A volunteer rescue and lifesaving squad.

8(v) A volunteer hazardous materials support team.

9(vi) A volunteer certified municipal emergency management
10coordinator.

11(vii) A volunteer hazardous materials response team.

12(viii) A volunteer emergency management team of a county,
13city, borough, incorporated town or township, or any combination
14of such municipalities.

15Section 3. This act shall take effect in 60 days.