Substitute Senate Bill No. 313
Public Act No. 22-139
AN ACT CONCERNING ADOPTION OF THE RECOMMENDATIONS
OF THE TASK FORCE TO STUDY CANCER RELIEF BENEFITS FOR
FIREFIGHTERS.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. (NEW) (Effective from passage) (a) The Joint Counsel of
Connecticut Fire Services Organization, in consultation with the
Connecticut State Firefighters Association, must come up with a joint
plan for maintenance and remediation of toxic substances on turnout
gear. Such plan shall be submitted to the Commission of Fire Prevention
and Control by July 1, 2023. Upon approval of such plan, the
commission shall advise fire departments on implementation of the
plan.
(b) Within ninety days of approval by the commission, each fire
department shall adopt a plan for the maintenance and remediation of
toxic substances on turnout gear.
Sec. 2. (NEW) (Effective from passage) The Workers' Compensation
Commission shall maintain a record of all workers' compensation
claims made by firefighters due to a cancer diagnosis. Not later than
January first of each year, the Workers' Compensation Commission
shall submit a report summarizing such records to the joint standing Substitute Senate Bill No. 313
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committee of the General Assembly having cognizance of matters
relating to labor.
Sec. 3. Section 7-313i of the general statutes is repealed and the
following is substituted in lieu thereof (Effective from passage):
(a) There is established a firefighters cancer relief subcommittee of
the Connecticut State Firefighters Association that shall consist of one
member from the Connecticut State Firefighters Association, one
member from the Connecticut Fire Chiefs Association, one member
from the Uniformed Professional Firefighters of the International
Association of Firefighters, one member from the Connecticut Fire
Marshals Association, and one member from the Connecticut
Conference of Municipalities. Such subcommittee shall review claims
for wage replacement benefits submitted to the firefighters cancer relief
program established pursuant to section 7-313j and provide wage
replacement benefits, in accordance with the provisions of subsection
(b) of section 3-123, to any firefighter who the subcommittee determines
is eligible for such wage replacement benefits pursuant to the provisions
of section 7-313j. The subcommittee may determine the weekly wage
replacement benefits provided to a firefighter in accordance with the
provisions of this chapter and chapter 568.
(b) A firefighter who is approved for wage replacement benefits by
the subcommittee pursuant to subsection (a) of this section shall be
eligible for such benefits on and after July 1, 2019, and for a period
determined by the subcommittee, provided such period shall not exceed
twenty-four months. The maximum weekly wage replacement benefit
under this section shall be determined by the subcommittee, provided
such maximum weekly wage replacement benefit shall not exceed one
hundred per cent, raised to the next even dollar, of the average weekly
earnings of all workers in the state for the year in which the condition
of cancer was diagnosed. The average weekly earnings of all workers in
the state shall be determined by the Labor Commissioner on or before Substitute Senate Bill No. 313
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the fifteenth day of August of each year, to be effective the following
October first, and shall be the average of all workers' weekly earnings
for the year ending the previous June thirtieth and shall be so
determined in accordance with the standards for the determination of
average weekly earnings of all workers established by the United States
Department of Labor, Bureau of Labor Statistics.
(c) A firefighter may receive wage replacement benefits under this
section concurrently with any employer-provided employment
benefits, provided the total compensation of such firefighter during
such period of receiving benefits under this section shall not exceed such
firefighter's pay rate at the time such firefighter was diagnosed with a
condition of cancer described in section 7-313j.
(d) No firefighter shall receive compensation under this section
concurrently with the provisions of chapter 567 or 568 or any other
municipal, state or federal program that provides wage replacement
benefits.
(e) No approval of wage replacement benefits for a firefighter by the
subcommittee pursuant to subsection (a) of this section shall be used as
evidence, proof or an acknowledgment of liability or causation in any
proceeding under chapter 568.
(f) No approval of wage replacement benefits for a firefighter by the
subcommittee pursuant to subsection (a) of this section shall create a
presumption that the firefighter's cancer was work related for purposes
of chapter 568. Nothing in this section shall be construed to diminish or
affect in any manner a firefighter's rights and benefits or any rights and
defenses that an employer may have under chapter 568.
[(f)] (g) Notwithstanding any other provision of the general statutes,
any employer who provides accident and health insurance or life
insurance coverage for a firefighter or makes payments or contributions Substitute Senate Bill No. 313
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at the regular hourly or weekly rate for the firefighter to an employee
welfare plan, shall provide to the firefighter equivalent insurance
coverage or welfare plan payments or contributions while the firefighter
is eligible to receive or is receiving wage replacement compensation
under this section. As used in this section, "employee welfare plan"
means any plan established or maintained for such firefighter or such
firefighter's family or dependents, or for both, for medical, surgical or
hospital care benefits.
[(g)] (h) The State Treasurer shall remit wage replacement benefits
that are approved by the subcommittee from the firefighters cancer
relief account established pursuant to section 7-313h not later than thirty
days after such benefits have been approved.
Sec. 4. (Effective from passage) The Comptroller shall conduct a study
to assess the feasibility of providing pension benefits in circumstances
when a firefighter's pension maturity or number of years of service
required for the firefighter to receive pension benefits is not met because
of an early retirement due to a qualifying work-related cancer or death.
Such study shall include an examination of the feasibility of
implementing a prorated benefit for such instances. The Comptroller
shall report the results of such study and any recommended legislation
to the joint standing committee of the General Assembly having
cognizance of matters relating to labor.
Sec. 5. (NEW) (Effective January 1, 2024) (a) Each municipality within
the state shall annually contribute, not later than December fifteenth of
each year, ten dollars per firefighter within such municipality's district
to the firefighters cancer relief account established pursuant to section
7-313h of the general statutes.
(b) Municipality contributions shall be based on the current number
of career and volunteer firefighters within the municipality at the time
of contribution. Substitute Senate Bill No. 313
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(c) Municipalities shall only contribute funds for firefighters that: (1)
Have submitted to annual physical examinations subsequent to entry
into such service that have failed to reveal any evidence of such cancer
or a propensity for such cancer; (2) have not used any cigarettes, as
defined in section 12-285 of the general statutes, or any other tobacco
products, as defined in section 12-330a of the general statutes, within
fifteen years; (3) have worked for not less than five years as (A) an
interior structural firefighter at a paid municipal, state or volunteer fire
department, or (B) a local fire marshal, deputy fire marshal, fire
investigator, fire inspector or such other class of inspector or
investigator for whom the State Fire Marshal and the Codes and
Standards Committee, acting jointly, have adopted minimum standards
of qualification pursuant to section 29-298 of the general statutes.