| 21 | 9 | | insuring and indemnification of public officers and employees, so as abolish the Georgia2 |
|---|
| 22 | 10 | | State Indemnification Commission and authorize the commissioner of administrative services3 |
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| 23 | 11 | | to assume the duties of said commission in the administration of the indemnification program4 |
|---|
| 24 | 12 | | and in considering appeals of initial decisions in order to correct errors in approving or5 |
|---|
| 25 | 13 | | denying any claims; to revise and provide for definitions; to authorize the department to6 |
|---|
| 26 | 14 | | promulgate rules and regulations regarding the process and procedures for review and appeal7 |
|---|
| 27 | 15 | | of initial decisions; to provide for judicial review of final decisions of the commissioner; to8 |
|---|
| 28 | 16 | | require the department to file a report regarding the indemnification program; to provide for9 |
|---|
| 29 | 17 | | related matters; to provide for an effective date; to repeal conflicting laws; and for other10 |
|---|
| 30 | 18 | | purposes.11 |
|---|
| 31 | 19 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:12 |
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| 32 | 20 | | SECTION 1.13 |
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| 33 | 21 | | Chapter 9 of Title 45 of the Official Code of Georgia Annotated, relating to insuring and14 |
|---|
| 39 | 26 | | medical technicians, as follows:17 |
|---|
| 40 | 27 | | "Article 518 |
|---|
| 41 | 28 | | Part 119 |
|---|
| 42 | 29 | | 45-9-80.20 |
|---|
| 43 | 30 | | Reserved.21 |
|---|
| 44 | 31 | | 45-9-81.22 |
|---|
| 45 | 32 | | As used in this part, the term:23 |
|---|
| 46 | 33 | | (1) 'Commission' means the Georgia State Indemnification Commission.24 |
|---|
| 47 | 34 | | (2) 'Department' means the Department of Administrative Services.25 |
|---|
| 48 | 35 | | (3) 'Emergency management rescue specialist' means any person licensed as an26 |
|---|
| 49 | 36 | | emergency management rescue specialist pursuant to Code Section 38-3-36.27 |
|---|
| 50 | 37 | | (4) 'Emergency medical technician' includes only persons who:28 |
|---|
| 51 | 38 | | (A) Are certified as emergency medical technicians, paramedics, or cardiac technicians29 |
|---|
| 52 | 39 | | under Chapter 11 of Title 31; and30 |
|---|
| 53 | 40 | | (B) Are employed in the capacity for which they are so certified by a department,31 |
|---|
| 54 | 41 | | agency, authority, or other instrumentality of state or local government.32 |
|---|
| 55 | 42 | | (5)(A) 'Firefighter' means any person who is employed as a professional firefighter on33 |
|---|
| 56 | 43 | | a full-time or part-time basis by any municipal, county, or state government fire34 |
|---|
| 57 | 44 | | department employing three or more firefighters and who has the responsibility of35 |
|---|
| 58 | 45 | | preventing and suppressing fires, protecting life and property, enforcing municipal,36 |
|---|
| 59 | 46 | | county, and state fire prevention codes, enforcing any law pertaining to the prevention37 |
|---|
| 68 | 53 | | recognized or designated member of a legally organized volunteer fire department, or42 |
|---|
| 69 | 54 | | any employee of the State Forestry Commission whose job duties include fire43 |
|---|
| 70 | 55 | | mitigation, who performs any acts or actions while on duty or when responding to a fire44 |
|---|
| 71 | 56 | | or emergency during any fire or other emergency or while performing duties intended45 |
|---|
| 72 | 57 | | to protect life and property.46 |
|---|
| 73 | 58 | | (C) 'Firefighter' Such term shall also mean any individual employed by a person or47 |
|---|
| 74 | 59 | | corporation which has a contract with a municipal corporation or county to provide fire48 |
|---|
| 75 | 60 | | prevention and fire-fighting services to such municipal corporation or county and any49 |
|---|
| 76 | 61 | | such individual is employed on a full-time basis of at least 40 hours per week and has50 |
|---|
| 77 | 62 | | the responsibility of preventing and suppressing fires, protecting life and property,51 |
|---|
| 78 | 63 | | enforcing municipal or county fire prevention codes, enforcing any municipal or county52 |
|---|
| 79 | 64 | | ordinances pertaining to the prevention and control of fires or who performs any acts53 |
|---|
| 80 | 65 | | or actions while on duty or when responding to a fire or emergency during any fire or54 |
|---|
| 81 | 66 | | other emergency or while performing duties intended to protect life and property.55 |
|---|
| 82 | 67 | | (6) 'In the line of duty' means:56 |
|---|
| 83 | 68 | | (A) With respect to an emergency medical technician or an emergency management57 |
|---|
| 84 | 69 | | rescue specialist, while on duty and when responding to or returning from an58 |
|---|
| 85 | 70 | | emergency or performing duties at the scene of an emergency or transporting a person59 |
|---|
| 86 | 71 | | to a medical facility for emergency treatment or returning therefrom;60 |
|---|
| 87 | 72 | | (B) With respect to a volunteer firefighter, while on duty and when responding to or61 |
|---|
| 88 | 73 | | returning from a fire or other emergency or performing duties during any fire or other62 |
|---|
| 89 | 74 | | emergency or performing duties intended to protect life and property, including,63 |
|---|
| 95 | 79 | | performing services for and receiving compensation from the law enforcement and fire66 |
|---|
| 96 | 80 | | service agency which employs such officer or firefighter, while off duty when67 |
|---|
| 97 | 81 | | responding to any situation which would save a life or preserve the peace, or while68 |
|---|
| 98 | 82 | | preventing or attempting to prevent the commission of a crime or fire. A law69 |
|---|
| 99 | 83 | | enforcement officer or firefighter who is performing duties for and receiving70 |
|---|
| 100 | 84 | | compensation from a private employer at the time of such officer's or firefighter's death71 |
|---|
| 101 | 85 | | or bodily injury causing total permanent disability or partial permanent disability shall72 |
|---|
| 102 | 86 | | not be considered in the line of duty if the officer or firefighter is entitled to workers'73 |
|---|
| 103 | 87 | | compensation benefits from the private employer or the private employer's insurer;74 |
|---|
| 104 | 88 | | (D) With respect to a prison guard, while on duty and performing services for and75 |
|---|
| 105 | 89 | | receiving compensation from the public agency which employs such prison guard; or76 |
|---|
| 106 | 90 | | (E) With respect to a state highway employee, while on duty and performing any work77 |
|---|
| 107 | 91 | | necessary for the construction, maintenance, or operation of a roadway on or within the78 |
|---|
| 108 | 92 | | public roads of the state as defined in paragraph (24) of Code Section 32-1-3 when such79 |
|---|
| 109 | 93 | | employee is killed or permanently disabled as the result of working under hazardous80 |
|---|
| 110 | 94 | | conditions in close proximity to moving traffic or equipment.81 |
|---|
| 111 | 95 | | Such term shall not mean commuting to or from work or commuting to or from training.82 |
|---|
| 112 | 96 | | (7) 'Law enforcement officer' means any agent or officer of this state, a political83 |
|---|
| 113 | 97 | | subdivision or municipality of this state, or an authority of this state or a political84 |
|---|
| 114 | 98 | | subdivision of this state who, as a full-time or part-time employee, is vested either85 |
|---|
| 115 | 99 | | expressly by law or by virtue of public employment or service with authority to enforce86 |
|---|
| 116 | 100 | | the criminal or traffic laws with the power of arrest and whose duties include the87 |
|---|
| 117 | 101 | | preservation of public order, the protection of life and property, or the prevention,88 |
|---|
| 118 | 102 | | detection, or investigation of crime. Such term also includes the employees designated89 |
|---|
| 119 | 103 | | by the commissioner of juvenile justice pursuant to paragraph (2) of subsection (i) of90 |
|---|
| 125 | 108 | | community, and any child with a pending juvenile court case alleging the child to be a93 |
|---|
| 126 | 109 | | child in need of services who has escaped from a facility under the jurisdiction of the94 |
|---|
| 127 | 110 | | Department of Juvenile Justice or who has broken the conditions of supervision. Such95 |
|---|
| 128 | 111 | | term also includes members of the Georgia National Guard and the State Defense Force,96 |
|---|
| 129 | 112 | | the composition of which is set forth in Code Section 38-2-3, who have been called into97 |
|---|
| 130 | 113 | | active state service by the Governor.98 |
|---|
| 131 | 114 | | (8) 'Organic brain damage' means direct physical trauma to the brain which so affects the99 |
|---|
| 132 | 115 | | mental capacity as to preclude function productively in any employment.100 |
|---|
| 133 | 116 | | (9) 'Partial permanent disability' means disability due to:101 |
|---|
| 134 | 117 | | (A) Loss of the use of one eye or blindness in one eye with only light perception;102 |
|---|
| 135 | 118 | | (B) Loss of one hand;103 |
|---|
| 136 | 119 | | (C) Loss of one leg; or104 |
|---|
| 137 | 120 | | (D) Loss of a lower extremity or the residual effect of an organic disease or injury105 |
|---|
| 138 | 121 | | which so affects the functions of balance or propulsion as to preclude locomotion106 |
|---|
| 139 | 122 | | without the use of a wheelchair for all but very short distances.107 |
|---|
| 140 | 123 | | (10) 'Prison guard' means any person employed by the state or any political subdivision108 |
|---|
| 141 | 124 | | thereof whose principal duties relate to the supervision and incarceration of persons109 |
|---|
| 142 | 125 | | accused or convicted of the violation of the criminal laws of this state or any political110 |
|---|
| 143 | 126 | | subdivision thereof. Such term shall also mean any community supervision officer who111 |
|---|
| 144 | 127 | | is required to be certified under Chapter 8 of Title 35, the 'Georgia Peace Officer112 |
|---|
| 145 | 128 | | Standards and Training Act,' and whose principal duties directly relate to the supervision113 |
|---|
| 146 | 129 | | of probationers or parolees. Such term also means any person employed by the state or114 |
|---|
| 147 | 130 | | any political subdivision thereof whose principal duties include the supervision of youth115 |
|---|
| 148 | 131 | | who are charged with or adjudicated for an act which if committed by adults would be116 |
|---|
| 151 | 134 | | - 6 - |
|---|
| 152 | 135 | | (11) 'Public safety officer' means a law enforcement officer, firefighter, emergency118 |
|---|
| 153 | 136 | | medical technician, emergency management rescue specialist, state highway employee,119 |
|---|
| 154 | 137 | | or prison guard.120 |
|---|
| 155 | 138 | | (11)(12) 'State highway employee' means an employee of the Georgia Department of121 |
|---|
| 156 | 139 | | Transportation who receives compensation directly therefrom and regularly engages in122 |
|---|
| 157 | 140 | | duties necessary for the construction, maintenance, or operation of roadways on or within123 |
|---|
| 158 | 141 | | the public roads of this state as defined in paragraph (24) of Code Section 32-1-3.124 |
|---|
| 159 | 142 | | (12)(13) 'Total permanent disability' means disability due to:125 |
|---|
| 160 | 143 | | (A) Loss of both eyes or blindness in both eyes with only light perception;126 |
|---|
| 161 | 144 | | (B) Loss or loss of use of both hands;127 |
|---|
| 162 | 145 | | (C) Loss or loss of use of both legs;128 |
|---|
| 163 | 146 | | (D) Loss of a lower extremity or the residual effect of an organic disease or injury129 |
|---|
| 164 | 147 | | which so affects the functions of balance or propulsion as to preclude locomotion130 |
|---|
| 165 | 148 | | without resort to a wheelchair at all times; or131 |
|---|
| 166 | 149 | | (E) Organic brain damage.132 |
|---|
| 167 | 150 | | 45-9-82.133 |
|---|
| 168 | 151 | | (a) There is established a program to provide for indemnification with respect to the:134 |
|---|
| 169 | 152 | | (1) Death of any law enforcement officer, firefighter, or prison guard who is or has been135 |
|---|
| 170 | 153 | | killed in the line of duty subsequent to January 1, 1973;136 |
|---|
| 171 | 154 | | (2) Permanent disability of any law enforcement officer, firefighter, or prison guard who137 |
|---|
| 172 | 155 | | is or has been permanently disabled in the line of duty subsequent to January 1, 1973;138 |
|---|
| 173 | 156 | | (3) Death or permanent disability of any emergency medical technician who is killed or139 |
|---|
| 174 | 157 | | permanently disabled or who has been killed or permanently disabled in the line of duty140 |
|---|
| 175 | 158 | | subsequent to January 1, 1977;141 |
|---|
| 176 | 159 | | (4) Death or permanent disability of any emergency management rescue specialist who142 |
|---|
| 185 | 166 | | commission.147 |
|---|
| 186 | 167 | | 45-9-83.148 |
|---|
| 187 | 168 | | There is created the Georgia State Indemnification Commission which shall be composed149 |
|---|
| 188 | 169 | | of the Governor, the executive director of the Peace Officer Standards and Training150 |
|---|
| 189 | 170 | | Council, the executive director of the Georgia Firefighter Standards and Training Council,151 |
|---|
| 190 | 171 | | the commissioner of public safety, the commissioner of transportation, the commissioner152 |
|---|
| 191 | 172 | | of corrections, the commissioner of community supervision, the commissioner of public153 |
|---|
| 192 | 173 | | health, one law enforcement officer who shall be a member of the Peace Officers'154 |
|---|
| 193 | 174 | | Association of Georgia appointed by the Governor from a list of five candidates provided155 |
|---|
| 194 | 175 | | by such organization, and one firefighter who shall be a member of the Georgia State156 |
|---|
| 195 | 176 | | Firemen's Association appointed by the Governor from a list of five candidates provided157 |
|---|
| 196 | 177 | | by such organization. The Governor shall be the chairperson of the commission, and the158 |
|---|
| 197 | 178 | | commission shall be assigned to the department for administrative purposes. The159 |
|---|
| 198 | 179 | | commission shall meet at least semiannually upon the call of the Governor. Reserved.160 |
|---|
| 199 | 180 | | 45-9-84.161 |
|---|
| 200 | 181 | | The commission commissioner or his or her designee is authorized to consider appeals of162 |
|---|
| 201 | 182 | | initial decisions of the department to correct errors made by the department in approving163 |
|---|
| 202 | 183 | | or denying any claim filed pursuant to this article upon a written request for formal review.164 |
|---|
| 203 | 184 | | The commission commissioner or his or her designee may modify or override the initial165 |
|---|
| 204 | 185 | | decision of the department upon a showing of an error of material fact or an abuse of166 |
|---|
| 205 | 186 | | discretion. The department shall be authorized to promulgate rules and regulations167 |
|---|
| 208 | 189 | | - 8 - |
|---|
| 209 | 190 | | decisions of the department. The department and the commission shall be authorized to169 |
|---|
| 210 | 191 | | contact other state agencies for the purpose of using the personnel and resources of such170 |
|---|
| 211 | 192 | | agencies to assist the commission commissioner or his or her designee in carrying out its171 |
|---|
| 212 | 193 | | his or her duties under this article. Final decisions of the commissioner or his or her172 |
|---|
| 213 | 194 | | designee may be appealed to superior court for judicial review as set forth in Chapter 3 of173 |
|---|
| 214 | 195 | | Title 5, the 'Superior and State Court Appellate Practice Act.'174 |
|---|
| 215 | 196 | | 45-9-84.1.175 |
|---|
| 216 | 197 | | There is created a fund to be known as the Georgia State Indemnification Fund. The176 |
|---|
| 217 | 198 | | custodian of the Georgia State Indemnification Fund shall be the department. The177 |
|---|
| 218 | 199 | | department shall administer the Georgia State Indemnification Fund and shall approve or178 |
|---|
| 219 | 200 | | deny claims for compensation filed pursuant to this article; provided, however, that any179 |
|---|
| 220 | 201 | | decision of the department shall be subject to review by the commission commissioner or180 |
|---|
| 221 | 202 | | his or her designee as provided in Code Section 45-9-84. Any amounts held by the Georgia181 |
|---|
| 222 | 203 | | State Indemnification Fund which are available for investment shall be paid over to the182 |
|---|
| 223 | 204 | | Office of the State Treasurer. The state treasurer shall deposit such funds in a trust account183 |
|---|
| 224 | 205 | | for credit only to the Georgia State Indemnification Fund. The state treasurer shall invest184 |
|---|
| 225 | 206 | | such funds subject to the limitations of Code Section 50-5A-7 and Chapter 17 of Title 50.185 |
|---|
| 226 | 207 | | All income derived from such investments shall accrue to the Georgia State186 |
|---|
| 227 | 208 | | Indemnification Fund. When moneys are paid over to the Office of the State Treasurer, as187 |
|---|
| 228 | 209 | | provided in this Code section, the commissioner or his or her designee shall submit an188 |
|---|
| 229 | 210 | | estimate of the date such funds shall no longer be available for investment. When the189 |
|---|
| 230 | 211 | | commissioner or his or her designee wishes to withdraw funds from the trust account190 |
|---|
| 231 | 212 | | provided for in this Code section, he or she shall submit a request for such withdrawal, in191 |
|---|
| 239 | 218 | | State Indemnification Fund for the purpose of providing for indemnification with respect195 |
|---|
| 240 | 219 | | to the:196 |
|---|
| 241 | 220 | | (1) The death or disability of any law enforcement officer, firefighter, or prison guard197 |
|---|
| 242 | 221 | | who is or has been killed or permanently disabled in the line of duty subsequent to198 |
|---|
| 243 | 222 | | January 1, 1973, the;199 |
|---|
| 244 | 223 | | (2) The death or disability of any emergency medical technician who is killed or200 |
|---|
| 245 | 224 | | permanently disabled or has been killed or permanently disabled in the line of duty201 |
|---|
| 246 | 225 | | subsequent to January 1, 1977, the;202 |
|---|
| 247 | 226 | | (3) The death or disability of any emergency management rescue specialist who is killed203 |
|---|
| 248 | 227 | | or permanently disabled on or after January 1, 1991, and the; and204 |
|---|
| 249 | 228 | | (4) The death or disability of any state highway employee who is or has been killed or205 |
|---|
| 250 | 229 | | permanently disabled in the line of duty subsequent to January 1, 1990, as well as.206 |
|---|
| 251 | 230 | | (b) Funds appropriated to the Georgia State Indemnification Fund shall also be used for207 |
|---|
| 252 | 231 | | the purpose of defraying the expenses and costs incurred by the department and the208 |
|---|
| 253 | 232 | | commission in the administration of this part. In addition, the department is authorized to209 |
|---|
| 254 | 233 | | accept for deposit in the Georgia State Indemnification Fund any other funds from any210 |
|---|
| 255 | 234 | | other source. All funds appropriated to the Georgia State Indemnification Fund shall be211 |
|---|
| 256 | 235 | | presumptively concluded to have been committed to the purpose for which they have been212 |
|---|
| 257 | 236 | | appropriated and shall not lapse.213 |
|---|
| 258 | 237 | | 45-9-84.3.214 |
|---|
| 259 | 238 | | The department is authorized, subject to the limitations contained in this part:215 |
|---|
| 260 | 239 | | (1) To pay the appropriate indemnification to the persons eligible for indemnification216 |
|---|
| 268 | 245 | | (3) With the approval of the commission, to To utilize the resources of the Georgia State220 |
|---|
| 269 | 246 | | Indemnification Fund to purchase insurance to provide for such indemnification.221 |
|---|
| 270 | 247 | | 45-9-85.222 |
|---|
| 271 | 248 | | (a) As used in this Code section, the term:223 |
|---|
| 272 | 249 | | (1) 'Nonroutine stressful or strenuous physical activity' means actions that are not224 |
|---|
| 273 | 250 | | clerical, administrative, or nonmanual in nature.225 |
|---|
| 274 | 251 | | (2) 'Public safety officer' means a law enforcement officer, firefighter, emergency226 |
|---|
| 275 | 252 | | medical technician, emergency management rescue specialist, state highway employee,227 |
|---|
| 276 | 253 | | or prison guard.228 |
|---|
| 277 | 254 | | (3) 'Work related activity' means, while in the line of duty:229 |
|---|
| 278 | 255 | | (A) Engaging in a situation involving nonroutine stressful or strenuous physical230 |
|---|
| 279 | 256 | | activity related to law enforcement, fire suppression, rescue, hazardous material231 |
|---|
| 280 | 257 | | response, emergency medical services, prison or jail security, disaster relief, or any232 |
|---|
| 281 | 258 | | other emergency response as classified by the commission; or233 |
|---|
| 282 | 259 | | (B) Participating in a training exercise involving nonroutine stressful or strenuous234 |
|---|
| 283 | 260 | | physical activity.235 |
|---|
| 284 | 261 | | (b) Indemnification shall be paid under this article as follows:236 |
|---|
| 285 | 262 | | (1) In the case of a partial permanent disability suffered in the line of duty by a public237 |
|---|
| 286 | 263 | | safety officer, the eligible disabled person may elect payment of $35,000.00 paid in equal238 |
|---|
| 287 | 264 | | monthly installments for five years or a lump sum of such amount reduced to its present239 |
|---|
| 288 | 265 | | value upon the basis of interest calculated at the rate of 6 percent per annum;240 |
|---|
| 289 | 266 | | (2) In the case of a total permanent disability suffered in the line of duty by a public241 |
|---|
| 295 | 271 | | present value upon the basis of interest calculated at the rate of 6 percent per annum;244 |
|---|
| 296 | 272 | | (3)(A) In the case of death suffered in the line of duty by a public safety officer,245 |
|---|
| 297 | 273 | | payment shall be made to:246 |
|---|
| 298 | 274 | | (i) The surviving unremarried spouse;247 |
|---|
| 299 | 275 | | (ii) The surviving children who are under the age of 19 or, if a student enrolled in an248 |
|---|
| 300 | 276 | | institution of postsecondary education at the time of such death, under the age of 24;249 |
|---|
| 301 | 277 | | or250 |
|---|
| 302 | 278 | | (iii) Individuals not otherwise provided for under this subparagraph who are the251 |
|---|
| 303 | 279 | | dependents of the spouse or deceased person as shown in the spouse's or deceased252 |
|---|
| 304 | 280 | | person's most recent tax return.253 |
|---|
| 307 | 282 | | enforcement officer, firefighter, emergency medical technician, emergency255 |
|---|
| 308 | 283 | | management specialist, state highway employee, or prison guard, public safety officer,256 |
|---|
| 309 | 284 | | payment shall be made to the legal guardian of the organically brain damaged person.257 |
|---|
| 310 | 285 | | (C) The surviving unremarried spouse, dependents, or the legal guardian may elect to258 |
|---|
| 311 | 286 | | receive payment in a lump sum payment of $150,000.00 paid in equal monthly259 |
|---|
| 312 | 287 | | installments for five years or a lump sum of such amount reduced to its present value260 |
|---|
| 313 | 288 | | upon the basis of interest calculated at the rate of 6 percent per annum; or261 |
|---|
| 314 | 289 | | (4) A heart attack, stroke, or vascular rupture suffered by a public safety officer shall be262 |
|---|
| 315 | 290 | | presumed to qualify such public safety officer under this subsection if the heart attack,263 |
|---|
| 316 | 291 | | stroke, or vascular rupture:264 |
|---|
| 317 | 292 | | (A) Commenced:265 |
|---|
| 318 | 293 | | (i) While such public safety officer was performing work related activity;266 |
|---|
| 319 | 294 | | (ii) While such public safety officer was on duty after performing work related267 |
|---|
| 320 | 295 | | activity; or268 |
|---|
| 332 | 305 | | review of a denial by the department, determines that a public safety officer has suffered276 |
|---|
| 333 | 306 | | a total permanent disability, a partial permanent disability, organic brain damage, or death277 |
|---|
| 334 | 307 | | in the line of duty, the department shall be authorized to make the appropriate payments278 |
|---|
| 335 | 308 | | as provided in subsection (b) of this Code section.279 |
|---|
| 336 | 309 | | (d) If the department denies a claim, any person seeking benefits pursuant to this part may280 |
|---|
| 337 | 310 | | appeal the department's decision to the commission commissioner or his or her designee.281 |
|---|
| 338 | 311 | | Any such appeal shall be filed with the commission commissioner or his or her designee282 |
|---|
| 339 | 312 | | within 60 days of receipt of the department's decision and shall identify the errors in the283 |
|---|
| 340 | 313 | | department's decision. Appeals shall be considered by the commission at the commission's284 |
|---|
| 341 | 314 | | semiannual meeting commissioner or his or her designee as provided in Code285 |
|---|
| 342 | 315 | | Section 45-9-84.286 |
|---|
| 343 | 316 | | 45-9-86.287 |
|---|
| 344 | 317 | | (a) As used in this Code section, the term 'public safety officer' shall have the same288 |
|---|
| 345 | 318 | | meaning as provided in Code Section 45-9-85.289 |
|---|
| 346 | 319 | | (a)(b) An application for indemnification with respect to a claim for total permanent290 |
|---|
| 347 | 320 | | disability or partial permanent disability of a law enforcement officer, firefighter, prison291 |
|---|
| 348 | 321 | | guard, emergency medical technician, emergency management rescue specialist, or state292 |
|---|
| 349 | 322 | | highway employee public safety officer shall be submitted by that person unless the person293 |
|---|
| 350 | 323 | | is mentally incompetent, in which case the application may be made on such person's294 |
|---|
| 353 | 326 | | - 13 - |
|---|
| 354 | 327 | | (b)(c) An application for indemnification with respect to a claim for the death of a law296 |
|---|
| 355 | 328 | | enforcement officer, firefighter, prison guard, emergency medical technician, emergency297 |
|---|
| 356 | 329 | | management rescue specialist, or state highway employee public service officer shall be298 |
|---|
| 357 | 330 | | submitted by or on behalf of the surviving unremarried spouse or dependents eligible under299 |
|---|
| 358 | 331 | | this part.300 |
|---|
| 359 | 332 | | (c)(d) An application for indemnification with respect to death, organic brain damage, total301 |
|---|
| 360 | 333 | | permanent disability, or partial permanent disability must be made within 24 months after302 |
|---|
| 361 | 334 | | the date of the incident giving rise to the death, organic brain damage, or disability.303 |
|---|
| 362 | 335 | | 45-9-87.304 |
|---|
| 363 | 336 | | It is the intent of the General Assembly that indemnification paid pursuant to this part shall305 |
|---|
| 364 | 337 | | not be taxable within this state for any purpose.306 |
|---|
| 365 | 338 | | 45-9-88.307 |
|---|
| 366 | 339 | | (a) No indemnification shall be awarded to any person otherwise entitled thereto who308 |
|---|
| 367 | 340 | | violates a penal law of this state which violation caused or contributed to the death or309 |
|---|
| 368 | 341 | | disability of the officer.310 |
|---|
| 369 | 342 | | (b) Notwithstanding any other provision of this article, no payment shall be authorized if311 |
|---|
| 370 | 343 | | death, organic brain damage, total permanent disability, or partial permanent disability312 |
|---|
| 371 | 344 | | occurs from suicide, intentionally self-inflicted injuries, natural causes, or the performance313 |
|---|
| 372 | 345 | | of routine duties which would not be considered strenuous or dangerous by a reasonable314 |
|---|
| 373 | 346 | | person, except as provided for in subsection (b) of Code Section 45-9-85.315 |
|---|
| 374 | 347 | | 45-9-89.316 |
|---|
| 375 | 348 | | The commission department shall annually file a report of its activities regarding the317 |
|---|
| 376 | 349 | | Georgia State Indemnification Fund with the General Assembly, which report shall include318 |
|---|
| 382 | 354 | | giving all pertinent details.321 |
|---|
| 383 | 355 | | 45-9-90.322 |
|---|
| 384 | 356 | | (a) Any person who shall knowingly give false information or false testimony causing or323 |
|---|
| 385 | 357 | | intended to cause the payment of indemnification which would not otherwise be justified324 |
|---|
| 386 | 358 | | under this part shall be guilty of a misdemeanor.325 |
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| 387 | 359 | | (b) Any such person convicted under subsection (a) of this Code section shall be liable to326 |
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| 388 | 360 | | the state for any funds paid as a result of such false information or testimony.327 |
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| 389 | 361 | | Part 2328 |
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| 390 | 362 | | 45-9-100.329 |
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| 391 | 363 | | The purpose of this part is to implement the constitutional amendment ratified330 |
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| 392 | 364 | | November 7, 2000, authorizing the General Assembly to provide a program of331 |
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| 393 | 365 | | compensation for law enforcement officers who become physically disabled, but not332 |
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| 394 | 366 | | permanently disabled, as a result of physical injury incurred in the line of duty and caused333 |
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| 395 | 367 | | by a willful act of violence and for firefighters who become physically disabled, but not334 |
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| 396 | 368 | | permanently disabled, as a result of physical injury incurred in the line of duty while335 |
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| 397 | 369 | | fighting a fire, which program shall entitle an injured law enforcement officer or firefighter336 |
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| 398 | 370 | | to receive monthly compensation from the state in an amount equal to such person's regular337 |
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| 399 | 371 | | compensation for the period of time that the law enforcement officer or firefighter is338 |
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| 400 | 372 | | physically unable to perform the duties of his or her employment, not exceeding 12339 |
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| 401 | 373 | | months, and to provide certain exceptions and limitations with respect to such program of340 |
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| 410 | 380 | | Section 45-9-83 'Commissioner' means the commissioner of administrative services.345 |
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| 411 | 381 | | (2) 'Department' means the Department of Administrative Services.346 |
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| 412 | 382 | | (3) 'Firefighter' means:347 |
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| 413 | 383 | | (A) Any person who is employed as a professional firefighter on a full-time or348 |
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| 414 | 384 | | part-time basis by any municipal, county, or state government fire department certified349 |
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| 415 | 385 | | in writing by the Georgia Firefighter Standards and Training Council pursuant to Code350 |
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| 416 | 386 | | Section 25-3-22 employing three or more firefighters and who has the responsibility of351 |
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| 417 | 387 | | preventing and suppressing fires, protecting life and property, enforcing municipal,352 |
|---|
| 418 | 388 | | county, and state fire prevention codes, enforcing any law pertaining to the prevention353 |
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| 419 | 389 | | and control of fires or who performs any acts or actions while on duty or when354 |
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| 420 | 390 | | responding to a fire or emergency during any fire or other emergency or while355 |
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| 421 | 391 | | performing duties intended to protect life and property;356 |
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| 422 | 392 | | (B) Any individual serving as an officially recognized or designated member of a357 |
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| 423 | 393 | | legally organized volunteer fire department certified in writing by the Georgia358 |
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| 424 | 394 | | Volunteer Fire Service Council pursuant to Code Section 25-3-22 who performs any359 |
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| 425 | 395 | | acts or actions while on duty and when responding to a fire or emergency during any360 |
|---|
| 426 | 396 | | fire or other emergency or while performing duties intended to protect life and property;361 |
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| 427 | 397 | | or362 |
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| 428 | 398 | | (C) Any employee at the State Forestry Commission whose job duties include fire363 |
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| 429 | 399 | | mitigation.364 |
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| 430 | 400 | | (4) 'Full-time' means an employee who regularly works 30 hours or more each week.365 |
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| 436 | 405 | | any fire or other emergency or performing duties intended to protect life and property;368 |
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| 437 | 406 | | or369 |
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| 438 | 407 | | (B) With respect to a law enforcement officer or firefighter, while on duty and370 |
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| 439 | 408 | | performing services for and receiving compensation from the law enforcement or fire371 |
|---|
| 440 | 409 | | service agency which employs such officer or firefighter, while off duty and responding372 |
|---|
| 441 | 410 | | to any situation which would save a life or preserve the peace, or while preventing or373 |
|---|
| 442 | 411 | | attempting to prevent the commission of a crime or fire. A law enforcement officer or374 |
|---|
| 443 | 412 | | firefighter who is performing duties for and receiving compensation from a private375 |
|---|
| 444 | 413 | | employer at the time of such officer's or firefighter's bodily injury, but not permanent376 |
|---|
| 445 | 414 | | disability, shall not be considered in the line of duty if the officer or firefighter is377 |
|---|
| 446 | 415 | | entitled to workers' compensation benefits from the private employer or the private378 |
|---|
| 447 | 416 | | employer's insurer.379 |
|---|
| 448 | 417 | | (6) 'Injured in the line of duty' means an injury which arises out of or in the course of380 |
|---|
| 449 | 418 | | employment in the line of duty; or, with respect to a firefighter of a legally organized381 |
|---|
| 450 | 419 | | volunteer fire department, such term means an injury while on duty and when responding382 |
|---|
| 451 | 420 | | to a fire or emergency with the volunteer fire department during any fire or other383 |
|---|
| 452 | 421 | | emergency or while performing duties intended to protect life and property. Going to or384 |
|---|
| 453 | 422 | | from work shall not be considered in the line of duty; and going to a legally organized385 |
|---|
| 454 | 423 | | volunteer fire department to begin a service of duty or traveling from such a fire386 |
|---|
| 455 | 424 | | department after duties have been completed or traveling from the scene of a fire,387 |
|---|
| 456 | 425 | | emergency, or other location where duties were being performed and have been388 |
|---|
| 457 | 426 | | completed shall not be considered in the line of duty.389 |
|---|
| 458 | 427 | | (7) 'Law enforcement officer' means any agent or officer of this state, or a political390 |
|---|
| 459 | 428 | | subdivision or municipality thereof, who, as a full-time or part-time employee, is vested391 |
|---|
| 460 | 429 | | either expressly by law or by virtue of public employment or service with authority to392 |
|---|
| 466 | 434 | | crime. Such term also includes the employees designated by the commissioner of395 |
|---|
| 467 | 435 | | community supervision who have the duty to supervise children adjudicated for a Class396 |
|---|
| 468 | 436 | | A designated felony act or Class B designated felony act after release from restrictive397 |
|---|
| 469 | 437 | | custody, as such terms are defined in Code Section 15-11-2, and the commissioner of398 |
|---|
| 470 | 438 | | juvenile justice pursuant to paragraph (2) of subsection (i) of Code Section 49-4A-8 who399 |
|---|
| 471 | 439 | | have the duty to investigate and apprehend delinquent children, or the supervision of400 |
|---|
| 472 | 440 | | delinquent children under intensive supervision in the community, and any child with a401 |
|---|
| 473 | 441 | | pending juvenile court case alleging the child to be a child in need of services who has402 |
|---|
| 474 | 442 | | escaped from a facility under the jurisdiction of the Department of Juvenile Justice or403 |
|---|
| 475 | 443 | | who has broken the conditions of supervision. Such term also includes members of the404 |
|---|
| 476 | 444 | | Georgia National Guard, the composition of which is set forth in Code Section 38-2-3,405 |
|---|
| 477 | 445 | | who have been called into active state service by the Governor.406 |
|---|
| 478 | 446 | | (8) 'Volunteer firefighter' means a person who is appointed and regularly enrolled as a407 |
|---|
| 479 | 447 | | volunteer with a legally organized fire department; who, as a volunteer firefighter, has408 |
|---|
| 480 | 448 | | and primarily performs the principal responsibility of preventing or suppressing fires; and409 |
|---|
| 481 | 449 | | who satisfies the requirements specified in subparagraph (a)(1)(D) of Code410 |
|---|
| 482 | 450 | | Section 25-3-23.411 |
|---|
| 483 | 451 | | 45-9-102.412 |
|---|
| 484 | 452 | | (a) Any law enforcement officer who becomes physically disabled, but not permanently413 |
|---|
| 485 | 453 | | disabled, on or subsequent to July 1, 2001, as a result of a physical injury incurred in the414 |
|---|
| 486 | 454 | | line of duty and caused by a willful act of violence committed by a person other than a415 |
|---|
| 487 | 455 | | fellow employee shall be entitled to receive compensation as provided in this Code section.416 |
|---|
| 488 | 456 | | Any firefighter who becomes physically disabled, but not permanently disabled, on or417 |
|---|
| 489 | 457 | | subsequent to July 1, 2001, as a result of a physical injury incurred in the line of duty while418 |
|---|
| 492 | 460 | | - 18 - |
|---|
| 493 | 461 | | The compensation shall be paid to eligible applicants by the commission department from420 |
|---|
| 494 | 462 | | funds appropriated to the commission Georgia State Indemnification Fund for such421 |
|---|
| 495 | 463 | | purpose.422 |
|---|
| 496 | 464 | | (b) Except as otherwise provided in this part, any law enforcement officer or firefighter423 |
|---|
| 497 | 465 | | injured in the line of duty as provided in subsection (a) of this Code section shall receive424 |
|---|
| 498 | 466 | | monthly compensation from the department in an amount equal to such person's regular425 |
|---|
| 499 | 467 | | compensation for the period of time that the law enforcement officer or firefighter is426 |
|---|
| 500 | 468 | | physically unable to perform the duties of his or her employment; provided, however, that427 |
|---|
| 501 | 469 | | such benefits provided pursuant to this Code section for injuries resulting from a single428 |
|---|
| 502 | 470 | | incident shall not be granted for more than a total of 12 months. For purposes of this429 |
|---|
| 503 | 471 | | subsection, the regular compensation of a volunteer firefighter covered under subparagraph430 |
|---|
| 504 | 472 | | (B) of paragraph (3) of Code Section 45-9-101 shall be deemed to be the Georgia average431 |
|---|
| 505 | 473 | | weekly earnings of production workers in manufacturing industries for the immediately432 |
|---|
| 506 | 474 | | preceding calendar year as published by the Georgia Department of Labor. A law433 |
|---|
| 507 | 475 | | enforcement officer or firefighter shall be required to submit to the department satisfactory434 |
|---|
| 508 | 476 | | evidence of such disability. A volunteer firefighter shall not be considered disabled once435 |
|---|
| 509 | 477 | | he or she is able to perform the duties of his or her regular employment or equivalent436 |
|---|
| 510 | 478 | | thereof.437 |
|---|
| 511 | 479 | | (c) Benefits made available under this Code section shall be subordinate to any workers'438 |
|---|
| 512 | 480 | | compensation benefits, disability and other compensation benefits from the person's439 |
|---|
| 513 | 481 | | employer which the law enforcement officer or firefighter is awarded and shall be limited440 |
|---|
| 514 | 482 | | to the difference between the amount of workers' compensation benefits and other441 |
|---|
| 515 | 483 | | compensation benefits actually paid and the amount of the law enforcement officer's or442 |
|---|
| 516 | 484 | | firefighter's regular compensation; provided, however, that benefits shall never exceed the443 |
|---|
| 517 | 485 | | person's regular compensation minus the maximum weekly workers' compensation benefit444 |
|---|
| 518 | 486 | | level for that person whether or not workers' compensation is available. For the purposes445 |
|---|
| 521 | 489 | | - 19 - |
|---|
| 522 | 490 | | subparagraph (2)(B) of paragraph (3) of Code Section 45-9-102 45-9-101 shall be deemed447 |
|---|
| 523 | 491 | | to be the Georgia average weekly earnings of production workers in manufacturing448 |
|---|
| 524 | 492 | | industries for the immediately preceding calendar year as published by the Georgia449 |
|---|
| 525 | 493 | | Department of Labor.450 |
|---|
| 526 | 494 | | (d) A law enforcement officer or firefighter who collects benefits pursuant to this Code451 |
|---|
| 527 | 495 | | section shall not be entitled to any benefits under Code Section 45-7-9.452 |
|---|
| 528 | 496 | | (e) A law enforcement officer or firefighter who is disabled and who receives453 |
|---|
| 529 | 497 | | indemnification under Part 1 of this article as a result of an incident shall not be entitled to454 |
|---|
| 530 | 498 | | any compensation under this Code section for the disability resulting from the same455 |
|---|
| 531 | 499 | | incident. A law enforcement officer or firefighter who initially receives benefits under this456 |
|---|
| 532 | 500 | | Code section but who is determined subsequently to be entitled to benefits under Part 1 of457 |
|---|
| 533 | 501 | | this article with respect to the same incident or whose beneficiary is determined458 |
|---|
| 534 | 502 | | subsequently to be entitled to benefits under Part 1 of this article shall be entitled only to459 |
|---|
| 535 | 503 | | the amount equal to the benefits to which the person would be entitled under Part 1 reduced460 |
|---|
| 536 | 504 | | by the total amount of benefits received under this Code section.461 |
|---|
| 537 | 505 | | (f) After the department, or the commission commissioner or his or her designee upon462 |
|---|
| 538 | 506 | | review of a denial by the department, determines that a law enforcement officer has been463 |
|---|
| 539 | 507 | | temporarily disabled due to a willful act of violence or that a firefighter has been464 |
|---|
| 540 | 508 | | temporarily disabled while fighting a fire and is entitled to indemnification under this part,465 |
|---|
| 541 | 509 | | the department shall be authorized to make the appropriate payments to the temporarily466 |
|---|
| 542 | 510 | | disabled law enforcement officer or firefighter.467 |
|---|
| 543 | 511 | | (g) If the department denies a claim, any person seeking benefits pursuant to this part may468 |
|---|
| 544 | 512 | | appeal the department's decision to the commission commissioner or his or her designee.469 |
|---|
| 545 | 513 | | Any such appeal shall be filed with the commission commissioner or his or her designee470 |
|---|
| 546 | 514 | | within 60 days of receipt of the department's decision and shall identify the errors in the471 |
|---|
| 549 | 517 | | - 20 - |
|---|
| 550 | 518 | | semiannual meeting commissioner or his or her designee as provided in Code Section 45-9-84.473 |
|---|
| 551 | 519 | | 45-9-103.474 |
|---|
| 552 | 520 | | An application for compensation with respect to a claim filed on or after July 1, 2001, for475 |
|---|
| 553 | 521 | | the temporary disability of a law enforcement officer or firefighter shall be submitted by476 |
|---|
| 554 | 522 | | that person within 60 days from the date of the incident resulting in disability.477 |
|---|
| 555 | 523 | | 45-9-104.478 |
|---|
| 556 | 524 | | (a) No compensation shall be awarded to any person otherwise entitled thereto who479 |
|---|
| 557 | 525 | | violates a penal law of this state which violation caused or contributed to the disability of480 |
|---|
| 558 | 526 | | the law enforcement officer or firefighter.481 |
|---|
| 559 | 527 | | (b) Notwithstanding any other provision of this article, no payment shall be authorized if482 |
|---|
| 560 | 528 | | disability occurs from intentionally self-inflicted injuries or natural causes or while483 |
|---|
| 561 | 529 | | performing routine duties which would not be strenuous or dangerous if performed by484 |
|---|
| 562 | 530 | | persons of average physical abilities.485 |
|---|
| 563 | 531 | | 45-9-105.486 |
|---|
| 564 | 532 | | (a) Any person who shall knowingly give false information or false testimony causing or487 |
|---|
| 565 | 533 | | intending to cause the payment of compensation which would not otherwise be justified488 |
|---|
| 566 | 534 | | under this part shall be guilty of a misdemeanor.489 |
|---|
| 567 | 535 | | (b) Any such person convicted under subsection (a) of this Code section shall be liable to490 |
|---|
| 568 | 536 | | the state for any funds paid as a result of such false information or testimony."491 |
|---|
| 569 | 537 | | SECTION 2.492 |
|---|
| 570 | 538 | | This Act shall become effective upon its approval by the Governor or upon its becoming law493 |
|---|