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OLR Bill Analysis
sSB 341
AN ACT ESTABLISHING A FALLEN OFFICER FUND AND
PROVIDING HEALTH INSURANCE COVERAGE TO SURVIVORS OF
A POLICE OFFICER KILLED IN THE LINE OF DUTY.
SUMMARY
This bill codifies a policy of the state comptroller by establishing the
“Fallen Officer Fund” to, within available appropriations, give a lump
sum death benefit totaling $100,000 to a surviving family member or
beneficiary of a police officer who was killed in the line of duty or
sustained injuries that were the direct and proximate cause of the
officer’s death. (The FY 24-25 Budget appropriated $500,000 in each year
to the comptroller’s operating expenses account to provide money for
the Fallen Officer Fund.)
Under the bill, this payment is not taxable for state income tax
purposes and must not be reduced or offset due to other benefits that
may be awarded (e.g., workers’ compensation).
The bill also allows survivors who were covered by the police
officer’s health insurance at the time of the officer’s death, to apply for
or keep the coverage for one year after the death and to renew annually
for up to five years.
The bill also makes various technical and conforming changes.
EFFECTIVE DATE: July 1, 2024, except the provisions establishing
the fund and state tax exemption are effective upon passage, and the tax
exemptions are applicable to taxable years commencing on or after
January 1, 2024.
FALLEN OFFICER FUND
The bill establishes the “Fallen Officer Fund,” which is a non-lapsing 2024SB-00341-R000219-BA.DOCX
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fund that contains any money required by law to be deposited into it.
The treasurer must hold the money separate and apart from other
money, funds, and accounts. The interest from fund investments must
be credited to the fund. The comptroller may expend funds as payment
to the surviving family and to reimburse municipalities (i.e., the
employer) for insurance premiums paid on the surviving family’s
behalf.
Under the bill, “surviving family” means a surviving spouse,
surviving child (whether dependent or not), or surviving parent of a
police officer killed in the line of duty, or most recently listed beneficiary
on file with the officer’s employing law enforcement unit.
“Killed in the line of duty” means the death of a police officer while
performing his or her duties, resulting from an incident, an accident, or
violence that caused the death or caused injuries that were the direct or
proximate cause of the officer’s death, including any death that is
determined to be occupationally related by a workers’ compensation
insurance carrier, an employer to whom a certificate of self-insurance
has been issued, or an administrative law judge for workers’
compensation purposes. It does not include the death of a police officer
through the officer’s own wanton or willful act.
Payment
When the comptroller receives notice, in a manner he prescribes,
from a surviving family member of a police officer killed in the line of
duty, within available appropriations, the comptroller must pay a lump
sum death benefit totaling $100,000 from the fund to the surviving
family. The bill limits each surviving family to one lump sum death
benefit and payments are made in the order in which notices are
received until the amount in the fund is depleted.
The bill specifies that this payment is in addition to any other benefits
the officer’s surviving family members are eligible for and the payments
must not be reduced or offset because of these benefits (e.g., workers’
compensation or other survivor benefits). 2024SB-00341-R000219-BA.DOCX
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Legislative Report
Starting by July 1, 2025, the bill requires the comptroller to annually
report to the Public Safety and Security Committee a list of all fund
expenditures for the prior year, the fund’s current balance, and
information on additional amounts needed for the fund.
Regulations and Policies and Procedures
The bill requires the comptroller to adopt implementing regulations.
This includes application procedures and criteria for awarding grants
among surviving family members, with priority given to awards
benefiting an officer’s dependent child or children (see below) and
spouse. The comptroller may implement policies and procedures
needed to implement the bill while in the process of adopting these
regulations, provided he posts a notice of intent to adopt regulations on
the eRegulations system within 20 days after implementing the policies
and procedures. These policies and procedures are valid until
regulations are adopted.
Under the bill, a “dependent child” is a police officer’s child, whether
by blood or adoption, who is:
1. under age 22 and (a) was dependent on the officer’s earnings at
the time of the officer’s death, (b) does not provide more than half
of his or her own support, and (c) is not married or legally
adopted by another person; or
2. is any age and is physically or mentally incapacitated and
dependent on the officer’s earnings at the time of the officer’s
death.
HEALTH INSURANCE
Existing law requires the comptroller to offer coverage under
partnership plans (i.e., health care benefit plans) to nonstate public
employers and nonprofit employers.
The bill requires a nonstate public employer that provided coverage
under a partnership plan to a police officer who is killed in the line of
duty to continue to provide the coverage to the survivors who were 2024SB-00341-R000219-BA.DOCX
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covered under the plan at the time of the officer’s death. The coverage
must continue for one year after the officer’s death and may be renewed
annually for up to five years. The nonstate public employer must
facilitate the coverage continuation and renewal.
Under the bill, a nonstate public employer that did not provide
coverage under a partnership plan to a police officer who is killed in the
line of duty must apply for coverage under a partnership plan for, and
at the request of, the survivors who were receiving health care benefit
coverage through a plan offered to the officer at the time of the officer’s
death. The comptroller must accept the application on the terms and
conditions applicable to the partnership plan for enrollment and
provide coverage to the survivors for one year. The enrollment and
coverage may be renewed annually for up to five years. The nonstate
public employer must facilitate initiation and renewal of the enrollment
and coverage.
The bill exempts anyone who is receiving this coverage from having
to pay monthly premiums for these plans and the comptroller must
reimburse, from the Fallen Officer Fund, any employer making
payments.
BACKGROUND
Law Enforcement Units and Police Officers
By law, a “law enforcement unit” is any state or municipal agency or
department (or tribal agency or department created and governed
under a memorandum of agreement) whose primary functions include
enforcing criminal or traffic laws; preserving public order; protecting
life and property; or preventing, detecting, or investigating crime.
“Police officers” are sworn members of an organized local police
department of the State Police; appointed constables who perform
criminal law enforcement duties; special police officers appointed under
law; or any members of a law enforcement unit who perform police
duties (CGS § 7-294a).
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Related Bill
sHB 5279, favorably reported by the Public Safety and Security
Committee, generally allows a police or fire chief to declare that a police
officer or firefighter died in the line of duty if the death is caused by
certain conditions within 24 hours after the officer or firefighter finished
his or her shift or training that involved nonroutine or strenuous
activity.
COMMITTEE ACTION
Public Safety and Security Committee
Joint Favorable Substitute
Yea 25 Nay 0 (03/19/2024)