Connecticut 2022 2022 Regular Session

Connecticut Senate Bill SB00313 Comm Sub / Analysis

Filed 07/27/2022

                    O F F I C E O F L E G I S L A T I V E R E S E A R C H 
P U B L I C A C T S U M M A R Y 
 
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PA 22-139—sSB 313 
Labor and Public Employees Committee 
 
AN ACT CONCERNING AD OPTION OF THE RECOMM ENDATIONS OF 
THE TASK FORCE TO ST UDY CANCER RELIEF BE NEFITS FOR 
FIREFIGHTERS 
 
SUMMARY: This act requires each town to make annual contributions to the 
state’s firefighters cancer relief account, which is used to provide wage replacement 
benefits to eligible paid and volunteer firefighters diagnosed with cancer. 
Beginning January 1, 2024, each town must generally contribute $10 for each 
career or volunteer firefighter in its fire district or districts by December 15 of each 
year. However, the act only requires towns to contribute funds for firefighters who 
meet certain work experience and other criteria. 
The act specifies that wage replacement benefit approval for a firefighter does 
not create a presumption that the firefighter’s cancer was work-related for a 
workers’ compensation claim. 
The act also requires the: 
1. Joint Council of Connecticut Fire Service Organizations to craft a 
maintenance and remediation plan for toxic substances on firefighter 
turnout gear and submit it to the Commission on Fire Prevention and 
Control by July 1, 2023 (§ 1); 
2. Workers’ Compensation Commission to (a) maintain a record of all 
firefighters’ workers’ compensation claims made due to a cancer diagnosis 
and (b) report a summary of the records to the Labor Committee each year 
by January 1 (§ 2); and 
3. comptroller to conduct a feasibility study on providing pension benefits to 
firefighters who retired early due to a qualifying cancer diagnosis and had 
not met the service years required for a full pension (§ 4). 
EFFECTIVE DATE: Upon passage, except the provision on municipal 
contributions to the firefighters cancer relief account is effective January 1, 2024. 
 
§ 1 — TURNOUT GEAR REMEDIA TION PLAN 
 
The act requires the Joint Council of Connecticut Fire Service Organizations, 
in consultation with the Connecticut State Firefighters Association, to craft a 
maintenance and remediation plan for toxic substances on firefighter turnout gear. 
The plan must be submitted for approval to the Commission on Fire Prevention and 
Control by July 1, 2023, and upon approval the commission must advise fire 
departments on plan implementation.  
Under the act, each fire department must adopt a maintenance and remediation 
plan for toxic substances on firefighter turnout gear within 90 days after the 
commission’s approval.  O L R P U B L I C A C T S U M M A R Y 
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§ 3 — FIREFIGHTERS CANCER RELIEF PROGRAM 
 
By law and unchanged by the act, a subcommittee of the Connecticut State 
Firefighters Association awards wage replacement benefits under the state’s 
firefighters cancer relief program. The act specifies that an award does not create a 
presumption that the firefighter’s cancer was work-related for a workers’ 
compensation claim for the cancer. It further provides that nothing in the program’s 
law may 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 the state’s 
workers’ compensation law. 
Also by law and unchanged by the act, wage replacement awards through the 
cancer relief program cannot be used as evidence, proof, or acknowledgment of 
liability or causation in a workers’ compensation proceeding. 
 
§ 4 — PENSION STUDY ON EARLY RETIREMENT DUE TO CANCER 
 
The act requires the comptroller to study the feasibility of providing pension 
benefits when a firefighter’s service years do not meet the full pension requirement 
because a qualifying cancer diagnosis caused an early retirement. The study must 
examine the feasibility of implementing a prorated benefit for early retirement 
situations. 
The comptroller must report the findings and any recommendations to the Labor 
Committee. (The act does not provide a deadline for the study.)  
 
§ 5 — MUNICIPAL PAYMENTS INTO THE FIREFIGHTERS CANCER 
RELIEF ACCOUNT 
 
Beginning January 1, 2024, the act requires each town to contribute $10 to the 
firefighters cancer relief account for each career or volunteer firefighter in the 
town’s fire district or districts. The contributions must be made by each December 
15 and based on the number of career and volunteer firefighters in the town at the 
time of the contribution. 
Towns must only contribute funds for firefighters who have served at least five 
years as (1) an interior structural firefighter at a paid municipal, state, or volunteer 
fire department or (2) a local fire marshal, deputy fire marshal, fire investigator, 
fire inspector, or other class of inspector or investigator whose position meets 
minimum qualifications under state law set by the state fire marshal and the Codes 
and Standards Committee. Further, the firefighters must also have (1) submitted to 
annual physical examinations after starting their service that failed to reveal 
evidence of cancer or a propensity for cancer and (2) not used cigarettes or any 
other tobacco products, as defined in state law, within 15 years.