A02734
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1451
Session of
2021
INTRODUCED BY WHEELAND, RYAN, GILLESPIE, HAMM, HILL-EVANS,
KAUFFMAN, OBERLANDER, ORTITAY, M. MACKENZIE, SCHWEYER,
SNYDER, ZIMMERMAN, GILLEN AND STRUZZI, MAY 21, 2021
REFERRED TO COMMITTEE ON VETERANS AFFAIRS AND EMERGENCY
PREPAREDNESS, MAY 21, 2021
AN ACT
Amending the act of June 24, 1976 (P.L.424, No.101), entitled
"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 title of
act; and adding provisions relating to coroners and
telecommunicators.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The title of the act of June 24, 1976 (P.L.424,
No.101), referred to as the Emergency and Law Enforcement
Personnel Death Benefits Act, is amended to read:
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,
coroners , telecommunicators or National Guard members who die
as a result of the performance of their duties.
Section 2. Section 1(a), (a.1) and (d) of the act are
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amended and the section is amended by adding a subsection
subsections to read:
Section 1. (a) In the event a law enforcement officer,
coroner, ambulance service or rescue squad member, firefighter,
certified hazardous material response team member, member of the
Pennsylvania Civil Air Patrol or National Guard member dies as a
result of the performance of his duties, an application,
including a certification of death, shall be made to the
department within three years of the date of such death by any
of the following:
(1) A political subdivision.
(2) A Commonwealth agency.
(3) In the case of National Guard members, the Adjutant
General.
(4) In the case of a member of a Commonwealth law
enforcement agency, the agency head.
(5) In the case of a campus police officer, the university
or college president.
(6) Any survivor eligible for payment of benefits under this
act or individual authorized to act on the survivor's behalf.
(7) In the case of the Pennsylvania Civil Air Patrol, the
State Commander.
(a.1) A firefighter, ambulance service or rescue squad
member, law enforcement officer, coroner, telecommunicator,
certified hazardous material response team member, member of the
Pennsylvania Civil Air Patrol or National Guard member who
suffers a fatal heart attack or stroke while on duty or not
later than 24 hours after participating in a physical training
exercise or responding to an emergency is presumed to have died
as a result of the performance of his duties for purposes of
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this act.
* * *
(d) Upon receipt of such certification, the Commonwealth
shall, from moneys payable out of the General Fund, pay to the
surviving spouse or, if there is no surviving spouse, to the
minor children of the paid firefighter, ambulance service or
rescue squad member [or], law enforcement officer or , coroner or
telecommunicator who died as a result of the performance of his
duty the sum of $100,000, adjusted in accordance with subsection
(f) of this section and an amount equal to the monthly salary,
adjusted in accordance with subsection (f) of this section, of
the deceased paid firefighter, ambulance service or rescue squad
member [or], law enforcement officer or , coroner or
telecommunicator, less any workers' compensation or pension or
retirement benefits paid to such survivors, and shall continue
such monthly payments until there is no eligible beneficiary to
receive them. For the purpose of this subsection, the term
"eligible beneficiary" means the surviving spouse or the child
or children under the age of eighteen years or, if attending
college, under the age of twenty-three years, of the
firefighter, ambulance service or rescue squad member [or], law
enforcement officer or , coroner or telecommunicator who died as
a result of the performance of his duty. When no spouse or minor
children survive, a single sum of $100,000, adjusted in
accordance with subsection (f) of this section, shall be paid to
the parent or parents of such firefighter, ambulance service
member, rescue squad member [or], law enforcement officer or ,
coroner or telecommunicator .
* * *
(g.1) A coroner shall be deemed to be acting in the
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performance of his duties for the purposes of this act when
acting in accordance with Article XII-B of the act of August 9,
1955 (P.L.323, No.130), known as The County Code.
(q.2) A telecommunicator shall be deemed to be acting in the
performance of his duties for the purposes of this act when
acting in accordance with 35 Pa.C.S. Ch. 53 (relating to 911
emergency communication services).
Section 3. Sections 2 and 2.1 of the act are amended to
read:
Section 2. The following words and phrases when used in this
act shall have the meanings given to them in this section unless
the context clearly indicates otherwise:
"Certified hazardous material response team member" means a
person who is part of a group of individuals who are certified
and organized by a Commonwealth agency, a local agency or a
regional hazardous material organization for the primary purpose
of providing emergency response services which is dispatched by
a public safety answering point to mitigate actual or potential
immediate threats to public health and the environment in
response to the release or threat of a release of a hazardous
material, which is certified, trained and equipped in accordance
with the act of December 7, 1990 (P.L.639, No.165), known as the
Hazardous Material Emergency Planning and Response Act.
Hazardous material response team members who are dispatched by a
public safety answering point may also be certified to perform
stabilization actions needed to remove threats to public health
and the environment from hazardous material releases. A member
of a for-profit hazardous material response team that was not
dispatched by a public safety answering point, is acting as an
agent on behalf of the spiller or responsible party or is
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responsible for post-emergency or nonemergency response
hazardous materials/hazardous waste clean-up activities is not
eligible for compensation that is provided for under this act.
"Coroner" means an elected or appointed coroner or an elected
or appointed medical examiner.
"Department" means the Department of General Services of the
Commonwealth.
"Firefighter, ambulance service or rescue squad member or law
enforcement officer" means a firefighter; a member of a
volunteer fire company; a member of an ambulance service or
rescue squad; a peace officer as defined in 18 Pa.C.S. § 501
(relating to definitions); a public servant concerned in
official detention as defined in 18 Pa.C.S. § 5121 (relating to
escape); an officer or employee of a State correctional
institution; guards or employees of county jails and prisons; or
any other law enforcement officer employed by the Commonwealth
or a political subdivision.
"Public safety answering point" means the Pennsylvania
Emergency Management Agency-approved first point at which calls
for emergency assistance from individuals are answered, operated
24 hours a day.
"Telecommunicator" means an individual employed by a public
safety answering point as defined in 35 Pa.C.S. § 5302 (relating
to definitions), whose primary responsibility is to receive,
process, transmit or dispatch emergency and nonemergency calls
for service for emergency medical, fire and rescue, law
enforcement or other public safety services via telephone, radio
or other communication device. The term includes call takers,
emergency dispatchers and supervisors.
Section 2.1. This act shall be broadly construed to grant
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benefits to firefighters, ambulance service or rescue squad
members, law enforcement officers [or], coroners or ,
telecommunicators o r National Guard personnel for deaths related
to the performance of their duties.
Section 4. This act shall take effect in 60 days.
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