23 LC 36 5490
H. B. 437
- 1 -
House Bill 437
By: Representatives Hitchens of the 161
st
, Lumsden of the 12
th
, Vance of the 133
rd
,
McCollum of the 30
th
, and Crowe of the 118
th
A BILL TO BE ENTITLED
AN ACT
To amend Chapter 9 of Title 45 of the Official Code of Georgia Annotated, relating to
1
insuring and indemnification of public officers and employees, so as abolish the Georgia2
State Indemnification Commission and authorize the commissioner of administrative services3
to assume the duties of said commission in the administration of the indemnification program4
and in considering appeals of initial decisions in order to correct errors in approving or5
denying any claims; to revise and provide for definitions; to provide for indemnification of6
certain candidates who are killed or permanently disabled while performing activities7
required as part of the certification or licensure process; to authorize the department to8
promulgate rules and regulations regarding the process and procedures for review and appeal9
of initial decisions; to provide for judicial review of final decisions of the commissioner; to10
require the department to file a report regarding the indemnification program; to provide for11
related matters; to repeal conflicting laws; and for other purposes.12
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:13
SECTION 1.14
Chapter 9 of Title 45 of the Official Code of Georgia Annotated, relating to insuring and15
indemnification of public officers and employees, is amended by revising Article 5, relating16 23 LC 36 5490
H. B. 437
- 2 -
to law enforcement officers, firemen, prison guards, an publicly employed emergency
17
medical technicians, as follows:18
"Article 519
Part 120
45-9-80.21
Reserved.22
45-9-81.23
As used in this part, the term:24
(1) 'Candidate' means any individual who is employed, either full-time or part-time by
25
any municipal, county, or state government, or an instrumentality of the state, and is26
participating in a state mandated training program that is intended to result, upon the27
completion thereof, in the certification or licensure of such individual as a public safety28
officer.29
(1)(2) 'Commissioner' means the commissioner of administrative services 'Commission'30
means the Georgia State Indemnification Commission.31
(2)(3) 'Department' means the Department of Administrative Services.32
(3)(4) 'Emergency management rescue specialist' means any person licensed as an33
emergency management rescue specialist pursuant to Code Section 38-3-36.34
(4)(5) 'Emergency medical technician' includes only persons who:35
(A) Are certified as emergency medical technicians, paramedics, or cardiac technicians36
under Chapter 11 of Title 31; and37
(B) Are employed in the capacity for which they are so certified by a department,38
agency, authority, or other instrumentality of state or local government.39 23 LC 36 5490
H. B. 437
- 3 -
(5)(6)(A) 'Firefighter' means any person who is employed as a professional firefighter40
on a full-time or part-time basis by any municipal, county, or state government fire41
department employing three or more firefighters and who has the responsibility of42
preventing and suppressing fires, protecting life and property, enforcing municipal,43
county, and state fire prevention codes, enforcing any law pertaining to the prevention44
and control of fires or who performs any acts or actions while on duty or when45
responding to a fire or emergency during any fire or other emergency or while46
performing duties intended to protect life and property.47
(B) 'Firefighter' Such term shall also mean any individual serving as an officially48
recognized or designated member of a legally organized volunteer fire department, or49
any employee of the State Forestry Commission whose job duties include fire50
mitigation, who performs any acts or actions while on duty or when responding to a fire51
or emergency during any fire or other emergency or while performing duties intended52
to protect life and property.53
(C) 'Firefighter' Such term shall also mean any individual employed by a person or54
corporation which has a contract with a municipal corporation or county to provide fire55
prevention and fire-fighting services to such municipal corporation or county and any56
such individual is employed on a full-time basis of at least 40 hours per week and has57
the responsibility of preventing and suppressing fires, protecting life and property,58
enforcing municipal or county fire prevention codes, enforcing any municipal or county59
ordinances pertaining to the prevention and control of fires or who performs any acts60
or actions while on duty or when responding to a fire or emergency during any fire or61
other emergency or while performing duties intended to protect life and property.62
(6)(7) 'In the line of duty' means:63
(A) With respect to an emergency medical technician or an emergency management64
rescue specialist, while on duty and when responding to or returning from an65 23 LC 36 5490
H. B. 437
- 4 -
emergency or performing duties at the scene of an emergency or transporting a person
66
to a medical facility for emergency treatment or returning therefrom;67
(B) With respect to a volunteer firefighter, while on duty and when responding to or68
returning from a fire or other emergency or performing duties during any fire or other69
emergency or performing duties intended to protect life and property,
including,70
without limitation, actual participation in a training exercise;71
(C) With respect to a law enforcement officer or firefighter, while on duty and72
performing services for and receiving compensation from the law enforcement and fire73
service agency which employs such officer or firefighter, while off duty when74
responding to any situation which would save a life or preserve the peace, or while75
preventing or attempting to prevent the commission of a crime or fire. A law76
enforcement officer or firefighter who is performing duties for and receiving77
compensation from a private employer at the time of such officer's or firefighter's death78
or bodily injury causing total permanent disability or partial permanent disability shall79
not be considered in the line of duty if the officer or firefighter is entitled to workers'80
compensation benefits from the private employer or the private employer's insurer;81
(D) With respect to a prison guard, while on duty and performing services for and82
receiving compensation from the public agency which employs such prison guard; or83
(E) With respect to a state highway employee, while on duty and performing any work84
necessary for the construction, maintenance, or operation of a roadway on or within the85
public roads of the state as defined in paragraph (24) of Code Section 32-1-3 when such86
employee is killed or permanently disabled as the result of working under hazardous87
conditions in close proximity to moving traffic or equipment.; or88
(F) With respect to a candidate, while engaging in an activity or exercise that itself is89
a formal or required part of the program in which the candidate is enrolled or admitted.90
Such term shall not mean commuting to or from work or commuting to or from training.91 23 LC 36 5490
H. B. 437
- 5 -
(7)(8) 'Law enforcement officer' means any agent or officer of this state, a political92
subdivision or municipality of this state, or an authority of this state or a political93
subdivision of this state who, as a full-time or part-time employee, is vested either94
expressly by law or by virtue of public employment or service with authority to enforce95
the criminal or traffic laws with the power of arrest and whose duties include the96
preservation of public order, the protection of life and property, or the prevention,97
detection, or investigation of crime. Such term also includes the employees designated98
by the commissioner of juvenile justice pursuant to paragraph (2) of subsection (i) of99
Code Section 49-4A-8 who have the duty to investigate and apprehend delinquent100
children, or the supervision of delinquent children under intensive supervision in the101
community, and any child with a pending juvenile court case alleging the child to be a102
child in need of services who has escaped from a facility under the jurisdiction of the103
Department of Juvenile Justice or who has broken the conditions of supervision. Such104
term also includes members of the Georgia National Guard and the State Defense Force,105
the composition of which is set forth in Code Section 38-2-3, who have been called into106
active state service by the Governor.107
(8)(9) 'Organic brain damage' means direct physical trauma to the brain which so affects108
the mental capacity as to preclude function productively in any employment.109
(9)(10) 'Partial permanent disability' means disability due to:110
(A) Loss of the use of one eye or blindness in one eye with only light perception;111
(B) Loss of one hand;112
(C) Loss of one leg; or113
(D) Loss of a lower extremity or the residual effect of an organic disease or injury114
which so affects the functions of balance or propulsion as to preclude locomotion115
without the use of a wheelchair for all but very short distances.116
(10)(11) 'Prison guard' means any person employed by the state or any political117
subdivision thereof whose principal duties relate to the supervision and incarceration of118 23 LC 36 5490
H. B. 437
- 6 -
persons accused or convicted of the violation of the criminal laws of this state or any
119
political subdivision thereof. Such term shall also mean any community supervision120
officer who is required to be certified under Chapter 8 of Title 35, the 'Georgia Peace121
Officer Standards and Training Act,' and whose principal duties directly relate to the122
supervision of probationers or parolees. Such term also means any person employed by123
the state or any political subdivision thereof whose principal duties include the124
supervision of youth who are charged with or adjudicated for an act which if committed125
by adults would be considered a crime.126
(12) 'Public safety officer' means a law enforcement officer, firefighter, emergency
127
medical technician, emergency management rescue specialist, state highway employee,128
or prison guard.129
(11)(13) 'State highway employee' means an employee of the Georgia Department of130
Transportation who receives compensation directly therefrom and regularly engages in131
duties necessary for the construction, maintenance, or operation of roadways on or within132
the public roads of this state as defined in paragraph (24) of Code Section 32-1-3.133
(12)(14) 'Total permanent disability' means disability due to:134
(A) Loss of both eyes or blindness in both eyes with only light perception;135
(B) Loss or loss of use of both hands;136
(C) Loss or loss of use of both legs;137
(D) Loss of a lower extremity or the residual effect of an organic disease or injury138
which so affects the functions of balance or propulsion as to preclude locomotion139
without resort to a wheelchair at all times; or140
(E) Organic brain damage.141
45-9-82.142
(a) There is established a program to provide for indemnification with respect to the:143 23 LC 36 5490
H. B. 437
- 7 -
(1) Death of any law enforcement officer, firefighter, or prison guard who is or has been
144
killed in the line of duty subsequent to January 1, 1973;145
(2) Permanent disability of any law enforcement officer, firefighter, or prison guard who146
is or has been permanently disabled in the line of duty subsequent to January 1, 1973;147
(3) Death or permanent disability of any emergency medical technician who is killed or148
permanently disabled or who has been killed or permanently disabled in the line of duty149
subsequent to January 1, 1977;150
(4) Death or permanent disability of any emergency management rescue specialist who151
is killed or permanently disabled on or after January 1, 1991; and
152
(5) Death or permanent disability of any state highway employee who is killed or153
permanently disabled in the line of duty on or after January 1, 1990.; and154
(6) Death or permanent disability of any candidate who is killed or permanently disabled155
in the line of duty on or after July 1, 2023.156
(b) Such program shall be administered by the department, subject to review by the157
commission.158
45-9-83.159
There is created the Georgia State Indemnification Commission which shall be composed160
of the Governor, the executive director of the Peace Officer Standards and Training161
Council, the executive director of the Georgia Firefighter Standards and Training Council,162
the commissioner of public safety, the commissioner of transportation, the commissioner163
of corrections, the commissioner of community supervision, the commissioner of public164
health, one law enforcement officer who shall be a member of the Peace Officers'165
Association of Georgia appointed by the Governor from a list of five candidates provided166
by such organization, and one firefighter who shall be a member of the Georgia State167
Firemen's Association appointed by the Governor from a list of five candidates provided168
by such organization. The Governor shall be the chairperson of the commission, and the169 23 LC 36 5490
H. B. 437
- 8 -
commission shall be assigned to the department for administrative purposes. The170
commission shall meet at least semiannually upon the call of the Governor. Reserved.171
45-9-84.172
The commission commissioner or his or her designee is authorized to consider appeals of173
initial decisions of the department to correct errors made by the department in approving174
or denying any claim filed pursuant to this article upon a written request for formal review.175
The commission commissioner or his or her designee may modify or override the initial176
decision of the department upon a showing of an error of material fact or an abuse of177
discretion. The department shall be authorized to promulgate rules and regulations178
regarding the process and procedure for requests for formal review and appeal of initial179
decisions of the department. The department and the commission shall be authorized to180
contact other state agencies for the purpose of using the personnel and resources of such181
agencies to assist the commission commissioner or his or her designee in carrying out its182
his or her duties under this article. Final decisions of the commissioner or his or her183
designee may be appealed to superior court for judicial review as set forth in Chapter 3 of184
Title 5, the 'Superior and State Court Appellate Practice Act.'185
45-9-84.1.186
There is created a fund to be known as the Georgia State Indemnification Fund. The187
custodian of the Georgia State Indemnification Fund shall be the department. The188
department shall administer the Georgia State Indemnification Fund and shall approve or189
deny claims for compensation filed pursuant to this article; provided, however, that any190
decision of the department shall be subject to review by the commission commissioner or191
his or her designee as provided in Code Section 45-9-84. Any amounts held by the Georgia192
State Indemnification Fund which are available for investment shall be paid over to the193
Office of the State Treasurer. The state treasurer shall deposit such funds in a trust account194 23 LC 36 5490
H. B. 437
- 9 -
for credit only to the Georgia State Indemnification Fund. The state treasurer shall invest
195
such funds subject to the limitations of Code Section 50-5A-7 and Chapter 17 of Title 50.196
All income derived from such investments shall accrue to the Georgia State197
Indemnification Fund. When moneys are paid over to the Office of the State Treasurer, as198
provided in this Code section, the commissioner or his or her designee
shall submit an199
estimate of the date such funds shall no longer be available for investment. When the200
commissioner or his or her designee wishes to withdraw funds from the trust account201
provided for in this Code section, he or she shall submit a request for such withdrawal, in202
writing, to the state treasurer.203
45-9-84.2.204
(a) The General Assembly is authorized to appropriate funds to be placed in the Georgia205
State Indemnification Fund for the purpose of providing for indemnification with respect206
to the:207
(1) The death or disability of any law enforcement officer, firefighter, or prison guard208
who is or has been killed or permanently disabled in the line of duty subsequent to209
January 1, 1973, the;210
(2) The death or disability of any emergency medical technician who is killed or211
permanently disabled or has been killed or permanently disabled in the line of duty212
subsequent to January 1, 1977, the;213
(3) The death or disability of any emergency management rescue specialist who is killed214
or permanently disabled on or after January 1, 1991, and the;215
(4) The death or disability of any state highway employee who is or has been killed or216
permanently disabled in the line of duty subsequent to January 1, 1990, as well as; and217
(5) The death or disability of any candidate who is or has been killed or permanently218
disabled in the line of duty on or after July 1, 2023.219 23 LC 36 5490
H. B. 437
- 10 -
(b) Funds appropriated to the Georgia State Indemnification Fund shall also be used for220
the purpose of defraying the expenses and costs incurred by the department and the221
commission in the administration of this part. In addition, the department is authorized to222
accept for deposit in the Georgia State Indemnification Fund any other funds from any223
other source. All funds appropriated to the Georgia State Indemnification Fund shall be224
presumptively concluded to have been committed to the purpose for which they have been225
appropriated and shall not lapse.226
45-9-84.3.227
The department is authorized, subject to the limitations contained in this part:228
(1) To pay the appropriate indemnification to the persons eligible for indemnification229
under this part from the proceeds of the Georgia State Indemnification Fund;230
(2) To make such payments as may be necessary to defray the expenses and costs231
incurred by the department and the commission in administering this part; and232
(3) With the approval of the commission, to To utilize the resources of the Georgia State233
Indemnification Fund to purchase insurance to provide for such indemnification.234
45-9-85.235
(a) As used in this Code section, the term:236
(1) 'Nonroutine stressful or strenuous physical activity' means actions that are not237
clerical, administrative, or nonmanual in nature.238
(2) 'Public safety officer' means a law enforcement officer, firefighter, emergency239
medical technician, emergency management rescue specialist, state highway employee,240
or prison guard, or candidate.241
(3) 'Work related activity' means, while in the line of duty:242
(A) Engaging in a situation involving nonroutine stressful or strenuous physical243
activity related to law enforcement, fire suppression, rescue, hazardous material244 23 LC 36 5490
H. B. 437
- 11 -
response, emergency medical services, prison or jail security, disaster relief, or any
245
other emergency response as classified by the commission
; or246
(B) Participating in a training exercise involving nonroutine stressful or strenuous247
physical activity.248
(b) Indemnification shall be paid under this article as follows:249
(1) In the case of a partial permanent disability suffered in the line of duty by a public250
safety officer, the eligible disabled person may elect payment of $35,000.00 paid in equal251
monthly installments for five years or a lump sum of such amount reduced to its present252
value upon the basis of interest calculated at the rate of 6 percent per annum;253
(2) In the case of a total permanent disability suffered in the line of duty by a public254
safety officer, the injured person may elect to receive a payment of $75,000.00 paid in255
equal monthly installments for five years or a lump sum of such amount reduced to its256
present value upon the basis of interest calculated at the rate of 6 percent per annum;257
(3)(A) In the case of death suffered in the line of duty by a public safety officer,258
payment shall be made to:259
(i) The surviving unremarried spouse;260
(ii) The surviving children who are under the age of 19 or, if a student enrolled in an261
institution of postsecondary education at the time of such death, under the age of 24;262
or263
(iii) Individuals not otherwise provided for under this subparagraph who are the264
dependents of the spouse or deceased person as shown in the spouse's or deceased265
person's most recent tax return.266
(B) In the case of organic brain damage suffered in the line of duty by a law267
enforcement officer, firefighter, emergency medical technician, emergency268
management specialist, state highway employee, or prison guard, public safety officer,269
payment shall be made to the legal guardian of the organically brain damaged person.270 23 LC 36 5490
H. B. 437
- 12 -
(C) The surviving unremarried spouse, dependents, or the legal guardian may elect to
271
receive payment in a lump sum payment of $150,000.00 paid in equal monthly272
installments for five years or a lump sum of such amount reduced to its present value273
upon the basis of interest calculated at the rate of 6 percent per annum; or274
(4) A heart attack, stroke, or vascular rupture suffered by a public safety officer or
275
candidate shall be presumed to qualify such public safety officer under this subsection276
if the heart attack, stroke, or vascular rupture:277
(A) Commenced:278
(i) While such public safety officer was performing work related activity;279
(ii) While such public safety officer was on duty after performing work related280
activity; or281
(iii) Not later than 24 hours after performing work related activity; and282
(B) Directly or proximately resulted in the death or partial or permanent disability of283
the public safety officer, unless competent medical evidence established that the heart284
attack, stroke, or vascular rupture was not related to the work related activity or was285
directly or proximately caused by something other than the mere presence of286
cardiovascular disease risk factors.287
(c) After the department, or the commission commissioner or his or her designee upon288
review of a denial by the department, determines that a public safety officer has suffered289
a total permanent disability, a partial permanent disability, organic brain damage, or death290
in the line of duty, the department shall be authorized to make the appropriate payments291
as provided in subsection (b) of this Code section.292
(d) If the department denies a claim, any person seeking benefits pursuant to this part may293
appeal the department's decision to the commission commissioner or his or her designee.294
Any such appeal shall be filed with the commission commissioner or his or her designee295
within 60 days of receipt of the department's decision and shall identify the errors in the296
department's decision. Appeals shall be considered by the commission at the commission's297 23 LC 36 5490
H. B. 437
- 13 -
semiannual meeting commissioner or his or her designee as provided in Code298
Section 45-9-84.299
45-9-86.300
(a) As used in this Code section, the term 'public safety officer' shall have the same301
meaning as provided in Code Section 45-9-85.302
(a)(b) An application for indemnification with respect to a claim for total permanent303
disability or partial permanent disability of a law enforcement officer, firefighter, prison304
guard, emergency medical technician, emergency management rescue specialist, or state305
highway employee public safety officer shall be submitted by that person unless the person306
is mentally incompetent, in which case the application may be made on such person's307
behalf by his or her legal guardian.308
(b)(c) An application for indemnification with respect to a claim for the death of a law309
enforcement officer, firefighter, prison guard, emergency medical technician, emergency310
management rescue specialist, or state highway employee public service officer shall be311
submitted by or on behalf of the surviving unremarried spouse or dependents eligible under312
this part.313
(c)(d) An application for indemnification with respect to death, organic brain damage, total314
permanent disability, or partial permanent disability must be made within 24 months after315
the date of the incident giving rise to the death, organic brain damage, or disability.316
45-9-87.317
It is the intent of the General Assembly that indemnification paid pursuant to this part shall318
not be taxable within this state for any purpose.319 23 LC 36 5490
H. B. 437
- 14 -
45-9-88.
320
(a) No indemnification shall be awarded to any person otherwise entitled thereto who321
violates a penal law of this state which violation caused or contributed to the death or322
disability of the officer.323
(b) Notwithstanding any other provision of this article, no payment shall be authorized if324
death, organic brain damage, total permanent disability, or partial permanent disability325
occurs from suicide, intentionally self-inflicted injuries, natural causes, or the performance326
of routine duties which would not be considered strenuous or dangerous by a reasonable327
person, except as provided for in subsection (b) of Code Section 45-9-85.328
45-9-89.329
The commission
department shall annually file a report of its activities regarding the330
Georgia State Indemnification Fund with the General Assembly, which report shall include331
the amount of funds paid under the program of indemnification. It Such report shall also332
include a copy of each order providing for payment or a summary of each such order333
giving all pertinent details.334
45-9-90.335
(a) Any person who shall knowingly give false information or false testimony causing or336
intended to cause the payment of indemnification which would not otherwise be justified337
under this part shall be guilty of a misdemeanor.338
(b) Any such person convicted under subsection (a) of this Code section shall be liable to339
the state for any funds paid as a result of such false information or testimony.340 23 LC 36 5490
H. B. 437
- 15 -
Part 2
341
45-9-100.342
The purpose of this part is to implement the constitutional amendment ratified343
November 7, 2000, authorizing the General Assembly to provide a program of344
compensation for law enforcement officers who become physically disabled, but not345
permanently disabled, as a result of physical injury incurred in the line of duty and caused346
by a willful act of violence and for firefighters who become physically disabled, but not347
permanently disabled, as a result of physical injury incurred in the line of duty while348
fighting a fire, which program shall entitle an injured law enforcement officer or firefighter349
to receive monthly compensation from the state in an amount equal to such person's regular350
compensation for the period of time that the law enforcement officer or firefighter is351
physically unable to perform the duties of his or her employment, not exceeding 12352
months, and to provide certain exceptions and limitations with respect to such program of353
compensation.354
45-9-101.355
As used in this part, the term:356
(1) 'Commission' means the Georgia State Indemnification Commission created in Code
357
Section 45-9-83 'Commissioner' means the commissioner of administrative services.358
(2) 'Department' means the Department of Administrative Services.359
(3) 'Firefighter' means:360
(A) Any person who is employed as a professional firefighter on a full-time or361
part-time basis by any municipal, county, or state government fire department certified362
in writing by the Georgia Firefighter Standards and Training Council pursuant to Code363
Section 25-3-22 employing three or more firefighters and who has the responsibility of364
preventing and suppressing fires, protecting life and property, enforcing municipal,365 23 LC 36 5490
H. B. 437
- 16 -
county, and state fire prevention codes, enforcing any law pertaining to the prevention
366
and control of fires or who performs any acts or actions while on duty or when367
responding to a fire or emergency during any fire or other emergency or while368
performing duties intended to protect life and property;369
(B) Any individual serving as an officially recognized or designated member of a370
legally organized volunteer fire department certified in writing by the Georgia371
Volunteer Fire Service Council pursuant to Code Section 25-3-22 who performs any372
acts or actions while on duty and when responding to a fire or emergency during any373
fire or other emergency or while performing duties intended to protect life and property;374
or375
(C) Any employee at the State Forestry Commission whose job duties include fire376
mitigation.377
(4) 'Full-time' means an employee who regularly works 30 hours or more each week.378
(5) 'In the line of duty' means:379
(A) With respect to a volunteer firefighter, while on duty and performing duties during380
any fire or other emergency or performing duties intended to protect life and property;381
or382
(B) With respect to a law enforcement officer or firefighter, while on duty and383
performing services for and receiving compensation from the law enforcement or fire384
service agency which employs such officer or firefighter, while off duty and responding385
to any situation which would save a life or preserve the peace, or while preventing or386
attempting to prevent the commission of a crime or fire. A law enforcement officer or387
firefighter who is performing duties for and receiving compensation from a private388
employer at the time of such officer's or firefighter's bodily injury, but not permanent389
disability, shall not be considered in the line of duty if the officer or firefighter is390
entitled to workers' compensation benefits from the private employer or the private391
employer's insurer.392 23 LC 36 5490
H. B. 437
- 17 -
(6) 'Injured in the line of duty' means an injury which arises out of or in the course of
393
employment in the line of duty; or, with respect to a firefighter of a legally organized394
volunteer fire department, such term means an injury while on duty and when responding395
to a fire or emergency with the volunteer fire department during any fire or other396
emergency or while performing duties intended to protect life and property. Going to or397
from work shall not be considered in the line of duty; and going to a legally organized398
volunteer fire department to begin a service of duty or traveling from such a fire399
department after duties have been completed or traveling from the scene of a fire,400
emergency, or other location where duties were being performed and have been401
completed shall not be considered in the line of duty.402
(7) 'Law enforcement officer' means any agent or officer of this state, or a political403
subdivision or municipality thereof, who, as a full-time or part-time employee, is vested404
either expressly by law or by virtue of public employment or service with authority to405
enforce the criminal or traffic laws and whose duties include the preservation of public406
order, the protection of life and property, or the prevention, detection, or investigation of407
crime. Such term also includes the employees designated by the commissioner of408
community supervision who have the duty to supervise children adjudicated for a Class409
A designated felony act or Class B designated felony act after release from restrictive410
custody, as such terms are defined in Code Section 15-11-2, and the commissioner of411
juvenile justice pursuant to paragraph (2) of subsection (i) of Code Section 49-4A-8 who412
have the duty to investigate and apprehend delinquent children, or the supervision of413
delinquent children under intensive supervision in the community, and any child with a414
pending juvenile court case alleging the child to be a child in need of services who has415
escaped from a facility under the jurisdiction of the Department of Juvenile Justice or416
who has broken the conditions of supervision. Such term also includes members of the417
Georgia National Guard, the composition of which is set forth in Code Section 38-2-3,418
who have been called into active state service by the Governor.419 23 LC 36 5490
H. B. 437
- 18 -
(8) 'Volunteer firefighter' means a person who is appointed and regularly enrolled as a
420
volunteer with a legally organized fire department; who, as a volunteer firefighter, has421
and primarily performs the principal responsibility of preventing or suppressing fires; and422
who satisfies the requirements specified in subparagraph (a)(1)(D) of Code423
Section 25-3-23.424
45-9-102.425
(a) Any law enforcement officer who becomes physically disabled, but not permanently426
disabled, on or subsequent to July 1, 2001, as a result of a physical injury incurred in the427
line of duty and caused by a willful act of violence committed by a person other than a428
fellow employee shall be entitled to receive compensation as provided in this Code section.429
Any firefighter who becomes physically disabled, but not permanently disabled, on or430
subsequent to July 1, 2001, as a result of a physical injury incurred in the line of duty while431
fighting a fire shall be entitled to receive compensation as provided in this Code section.432
The compensation shall be paid to eligible applicants by the commission
department from433
funds appropriated to the commission Georgia State Indemnification Fund for such434
purpose.435
(b) Except as otherwise provided in this part, any law enforcement officer or firefighter436
injured in the line of duty as provided in subsection (a) of this Code section shall receive437
monthly compensation from the department in an amount equal to such person's regular438
compensation for the period of time that the law enforcement officer or firefighter is439
physically unable to perform the duties of his or her employment; provided, however, that440
such benefits provided pursuant to this Code section for injuries resulting from a single441
incident shall not be granted for more than a total of 12 months. For purposes of this442
subsection, the regular compensation of a volunteer firefighter covered under subparagraph443
(B) of paragraph (3) of Code Section 45-9-101 shall be deemed to be the Georgia average444
weekly earnings of production workers in manufacturing industries for the immediately445 23 LC 36 5490
H. B. 437
- 19 -
preceding calendar year as published by the Georgia Department of Labor. A law
446
enforcement officer or firefighter shall be required to submit to the department satisfactory447
evidence of such disability. A volunteer firefighter shall not be considered disabled once448
he or she is able to perform the duties of his or her regular employment or equivalent449
thereof.450
(c) Benefits made available under this Code section shall be subordinate to any workers'451
compensation benefits, disability and other compensation benefits from the person's452
employer which the law enforcement officer or firefighter is awarded and shall be limited453
to the difference between the amount of workers' compensation benefits and other454
compensation benefits actually paid and the amount of the law enforcement officer's or455
firefighter's regular compensation; provided, however, that benefits shall never exceed the456
person's regular compensation minus the maximum weekly workers' compensation benefit457
level for that person whether or not workers' compensation is available. For the purposes458
of this subsection, the regular compensation of a firefighter covered
as defined under459
subparagraph (2)(B) of paragraph (3) of Code Section 45-9-102 45-9-101 shall be deemed460
to be the Georgia average weekly earnings of production workers in manufacturing461
industries for the immediately preceding calendar year as published by the Georgia462
Department of Labor.463
(d) A law enforcement officer or firefighter who collects benefits pursuant to this Code464
section shall not be entitled to any benefits under Code Section 45-7-9.465
(e) A law enforcement officer or firefighter who is disabled and who receives466
indemnification under Part 1 of this article as a result of an incident shall not be entitled to467
any compensation under this Code section for the disability resulting from the same468
incident. A law enforcement officer or firefighter who initially receives benefits under this469
Code section but who is determined subsequently to be entitled to benefits under Part 1 of470
this article with respect to the same incident or whose beneficiary is determined471
subsequently to be entitled to benefits under Part 1 of this article shall be entitled only to472 23 LC 36 5490
H. B. 437
- 20 -
the amount equal to the benefits to which the person would be entitled under Part 1 reduced
473
by the total amount of benefits received under this Code section.474
(f) After the department, or the commission
commissioner or his or her designee upon475
review of a denial by the department, determines that a law enforcement officer has been476
temporarily disabled due to a willful act of violence or that a firefighter has been477
temporarily disabled while fighting a fire and is entitled to indemnification under this part,478
the department shall be authorized to make the appropriate payments to the temporarily479
disabled law enforcement officer or firefighter.480
(g) If the department denies a claim, any person seeking benefits pursuant to this part may481
appeal the department's decision to the commission commissioner or his or her designee.482
Any such appeal shall be filed with the commission commissioner or his or her designee483
within 60 days of receipt of the department's decision and shall identify the errors in the484
department's decision. Appeals shall be considered by the commission at the commission's485
semiannual meeting commissioner or his or her designee as provided in Code486
Section 45-9-84.487
45-9-103.488
An application for compensation with respect to a claim filed on or after July 1, 2001, for489
the temporary disability of a law enforcement officer or firefighter shall be submitted by490
that person within 60 days from the date of the incident resulting in disability.491
45-9-104.492
(a) No compensation shall be awarded to any person otherwise entitled thereto who493
violates a penal law of this state which violation caused or contributed to the disability of494
the law enforcement officer or firefighter.495
(b) Notwithstanding any other provision of this article, no payment shall be authorized if496
disability occurs from intentionally self-inflicted injuries or natural causes or while497 23 LC 36 5490
H. B. 437
- 21 -
performing routine duties which would not be strenuous or dangerous if performed by
498
persons of average physical abilities.499
45-9-105.500
(a) Any person who shall knowingly give false information or false testimony causing or501
intending to cause the payment of compensation which would not otherwise be justified502
under this part shall be guilty of a misdemeanor.503
(b) Any such person convicted under subsection (a) of this Code section shall be liable to504
the state for any funds paid as a result of such false information or testimony."505
SECTION 2.506
All laws and parts of laws in conflict with this Act are repealed.507