23 LC 36 5523S/AP
H. B. 437
- 1 -
House Bill 437 (AS PASSED HOUSE AND SENATE)
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 authorize the department to6
promulgate rules and regulations regarding the process and procedures for review and appeal7
of initial decisions; to provide for judicial review of final decisions of the commissioner; to8
require the department to file a report regarding the indemnification program; to provide for9
related matters; to provide for an effective date; to repeal conflicting laws; and for other10
purposes.11
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:12
SECTION 1.13
Chapter 9 of Title 45 of the Official Code of Georgia Annotated, relating to insuring and14
indemnification of public officers and employees, is amended by revising Article 5, relating15 23 LC 36 5523S/AP
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to law enforcement officers, firemen, prison guards, an publicly employed emergency
16
medical technicians, as follows:17
"Article 518
Part 119
45-9-80.20
Reserved.21
45-9-81.22
As used in this part, the term:23
(1) 'Commission' means the Georgia State Indemnification Commission.24
(2) 'Department' means the Department of Administrative Services.25
(3) 'Emergency management rescue specialist' means any person licensed as an26
emergency management rescue specialist pursuant to Code Section 38-3-36.27
(4) 'Emergency medical technician' includes only persons who:28
(A) Are certified as emergency medical technicians, paramedics, or cardiac technicians29
under Chapter 11 of Title 31; and30
(B) Are employed in the capacity for which they are so certified by a department,31
agency, authority, or other instrumentality of state or local government.32
(5)(A) 'Firefighter' means any person who is employed as a professional firefighter on33
a full-time or part-time basis by any municipal, county, or state government fire34
department employing three or more firefighters and who has the responsibility of35
preventing and suppressing fires, protecting life and property, enforcing municipal,36
county, and state fire prevention codes, enforcing any law pertaining to the prevention37
and control of fires or who performs any acts or actions while on duty or when38 23 LC 36 5523S/AP
H. B. 437
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responding to a fire or emergency during any fire or other emergency or while
39
performing duties intended to protect life and property.40
(B) 'Firefighter'
Such term shall also mean any individual serving as an officially41
recognized or designated member of a legally organized volunteer fire department, or42
any employee of the State Forestry Commission whose job duties include fire43
mitigation, who performs any acts or actions while on duty or when responding to a fire44
or emergency during any fire or other emergency or while performing duties intended45
to protect life and property.46
(C) 'Firefighter' Such term shall also mean any individual employed by a person or47
corporation which has a contract with a municipal corporation or county to provide fire48
prevention and fire-fighting services to such municipal corporation or county and any49
such individual is employed on a full-time basis of at least 40 hours per week and has50
the responsibility of preventing and suppressing fires, protecting life and property,51
enforcing municipal or county fire prevention codes, enforcing any municipal or county52
ordinances pertaining to the prevention and control of fires or who performs any acts53
or actions while on duty or when responding to a fire or emergency during any fire or54
other emergency or while performing duties intended to protect life and property.55
(6) 'In the line of duty' means:56
(A) With respect to an emergency medical technician or an emergency management57
rescue specialist, while on duty and when responding to or returning from an58
emergency or performing duties at the scene of an emergency or transporting a person59
to a medical facility for emergency treatment or returning therefrom;60
(B) With respect to a volunteer firefighter, while on duty and when responding to or61
returning from a fire or other emergency or performing duties during any fire or other62
emergency or performing duties intended to protect life and property, including,63
without limitation, actual participation in a training exercise;64 23 LC 36 5523S/AP
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(C) With respect to a law enforcement officer or firefighter, while on duty and
65
performing services for and receiving compensation from the law enforcement and fire66
service agency which employs such officer or firefighter, while off duty when67
responding to any situation which would save a life or preserve the peace, or while68
preventing or attempting to prevent the commission of a crime or fire. A law69
enforcement officer or firefighter who is performing duties for and receiving70
compensation from a private employer at the time of such officer's or firefighter's death71
or bodily injury causing total permanent disability or partial permanent disability shall72
not be considered in the line of duty if the officer or firefighter is entitled to workers'73
compensation benefits from the private employer or the private employer's insurer;74
(D) With respect to a prison guard, while on duty and performing services for and75
receiving compensation from the public agency which employs such prison guard; or76
(E) With respect to a state highway employee, while on duty and performing any work77
necessary for the construction, maintenance, or operation of a roadway on or within the78
public roads of the state as defined in paragraph (24) of Code Section 32-1-3 when such79
employee is killed or permanently disabled as the result of working under hazardous80
conditions in close proximity to moving traffic or equipment.81
Such term shall not mean commuting to or from work or commuting to or from training.82
(7) 'Law enforcement officer' means any agent or officer of this state, a political83
subdivision or municipality of this state, or an authority of this state or a political84
subdivision of this state who, as a full-time or part-time employee, is vested either85
expressly by law or by virtue of public employment or service with authority to enforce86
the criminal or traffic laws with the power of arrest and whose duties include the87
preservation of public order, the protection of life and property, or the prevention,88
detection, or investigation of crime. Such term also includes the employees designated89
by the commissioner of juvenile justice pursuant to paragraph (2) of subsection (i) of90
Code Section 49-4A-8 who have the duty to investigate and apprehend delinquent91 23 LC 36 5523S/AP
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children, or the supervision of delinquent children under intensive supervision in the
92
community, and any child with a pending juvenile court case alleging the child to be a93
child in need of services who has escaped from a facility under the jurisdiction of the94
Department of Juvenile Justice or who has broken the conditions of supervision. Such95
term also includes members of the Georgia National Guard and the State Defense Force,96
the composition of which is set forth in Code Section 38-2-3, who have been called into97
active state service by the Governor.98
(8) 'Organic brain damage' means direct physical trauma to the brain which so affects the99
mental capacity as to preclude function productively in any employment.100
(9) 'Partial permanent disability' means disability due to:101
(A) Loss of the use of one eye or blindness in one eye with only light perception;102
(B) Loss of one hand;103
(C) Loss of one leg; or104
(D) Loss of a lower extremity or the residual effect of an organic disease or injury105
which so affects the functions of balance or propulsion as to preclude locomotion106
without the use of a wheelchair for all but very short distances.107
(10) 'Prison guard' means any person employed by the state or any political subdivision108
thereof whose principal duties relate to the supervision and incarceration of persons109
accused or convicted of the violation of the criminal laws of this state or any political110
subdivision thereof. Such term shall also mean any community supervision officer who111
is required to be certified under Chapter 8 of Title 35, the 'Georgia Peace Officer112
Standards and Training Act,' and whose principal duties directly relate to the supervision113
of probationers or parolees. Such term also means any person employed by the state or114
any political subdivision thereof whose principal duties include the supervision of youth115
who are charged with or adjudicated for an act which if committed by adults would be116
considered a crime.117 23 LC 36 5523S/AP
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(11) 'Public safety officer' means a law enforcement officer, firefighter, emergency118
medical technician, emergency management rescue specialist, state highway employee,119
or prison guard.120
(11)(12) 'State highway employee' means an employee of the Georgia Department of121
Transportation who receives compensation directly therefrom and regularly engages in122
duties necessary for the construction, maintenance, or operation of roadways on or within123
the public roads of this state as defined in paragraph (24) of Code Section 32-1-3.124
(12)(13) 'Total permanent disability' means disability due to:125
(A) Loss of both eyes or blindness in both eyes with only light perception;126
(B) Loss or loss of use of both hands;127
(C) Loss or loss of use of both legs;128
(D) Loss of a lower extremity or the residual effect of an organic disease or injury129
which so affects the functions of balance or propulsion as to preclude locomotion130
without resort to a wheelchair at all times; or131
(E) Organic brain damage.132
45-9-82.133
(a) There is established a program to provide for indemnification with respect to the:134
(1) Death of any law enforcement officer, firefighter, or prison guard who is or has been135
killed in the line of duty subsequent to January 1, 1973;136
(2) Permanent disability of any law enforcement officer, firefighter, or prison guard who137
is or has been permanently disabled in the line of duty subsequent to January 1, 1973;138
(3) Death or permanent disability of any emergency medical technician who is killed or139
permanently disabled or who has been killed or permanently disabled in the line of duty140
subsequent to January 1, 1977;141
(4) Death or permanent disability of any emergency management rescue specialist who142
is killed or permanently disabled on or after January 1, 1991; and143 23 LC 36 5523S/AP
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(5) Death or permanent disability of any state highway employee who is killed or
144
permanently disabled in the line of duty on or after January 1, 1990.145
(b) Such program shall be administered by the department, subject to review by the
146
commission.147
45-9-83.148
There is created the Georgia State Indemnification Commission which shall be composed149
of the Governor, the executive director of the Peace Officer Standards and Training150
Council, the executive director of the Georgia Firefighter Standards and Training Council,151
the commissioner of public safety, the commissioner of transportation, the commissioner152
of corrections, the commissioner of community supervision, the commissioner of public153
health, one law enforcement officer who shall be a member of the Peace Officers'154
Association of Georgia appointed by the Governor from a list of five candidates provided155
by such organization, and one firefighter who shall be a member of the Georgia State156
Firemen's Association appointed by the Governor from a list of five candidates provided157
by such organization. The Governor shall be the chairperson of the commission, and the158
commission shall be assigned to the department for administrative purposes. The159
commission shall meet at least semiannually upon the call of the Governor. Reserved.160
45-9-84.161
The commission commissioner or his or her designee is authorized to consider appeals of162
initial decisions of the department to correct errors made by the department in approving163
or denying any claim filed pursuant to this article upon a written request for formal review.164
The commission commissioner or his or her designee may modify or override the initial165
decision of the department upon a showing of an error of material fact or an abuse of166
discretion. The department shall be authorized to promulgate rules and regulations167
regarding the process and procedure for requests for formal review and appeal of initial168 23 LC 36 5523S/AP
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decisions of the department. The department and the commission shall be authorized to169
contact other state agencies for the purpose of using the personnel and resources of such170
agencies to assist the commission commissioner or his or her designee in carrying out its171
his or her duties under this article. Final decisions of the commissioner or his or her172
designee may be appealed to superior court for judicial review as set forth in Chapter 3 of173
Title 5, the 'Superior and State Court Appellate Practice Act.'174
45-9-84.1.175
There is created a fund to be known as the Georgia State Indemnification Fund. The176
custodian of the Georgia State Indemnification Fund shall be the department. The177
department shall administer the Georgia State Indemnification Fund and shall approve or178
deny claims for compensation filed pursuant to this article; provided, however, that any179
decision of the department shall be subject to review by the commission commissioner or180
his or her designee as provided in Code Section 45-9-84. Any amounts held by the Georgia181
State Indemnification Fund which are available for investment shall be paid over to the182
Office of the State Treasurer. The state treasurer shall deposit such funds in a trust account183
for credit only to the Georgia State Indemnification Fund. The state treasurer shall invest184
such funds subject to the limitations of Code Section 50-5A-7 and Chapter 17 of Title 50.185
All income derived from such investments shall accrue to the Georgia State186
Indemnification Fund. When moneys are paid over to the Office of the State Treasurer, as187
provided in this Code section, the commissioner or his or her designee shall submit an188
estimate of the date such funds shall no longer be available for investment. When the189
commissioner or his or her designee wishes to withdraw funds from the trust account190
provided for in this Code section, he or she shall submit a request for such withdrawal, in191
writing, to the state treasurer.192 23 LC 36 5523S/AP
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45-9-84.2.
193
(a)
The General Assembly is authorized to appropriate funds to be placed in the Georgia194
State Indemnification Fund for the purpose of providing for indemnification with respect195
to the:196
(1) The death or disability of any law enforcement officer, firefighter, or prison guard197
who is or has been killed or permanently disabled in the line of duty subsequent to198
January 1, 1973, the;199
(2) The death or disability of any emergency medical technician who is killed or200
permanently disabled or has been killed or permanently disabled in the line of duty201
subsequent to January 1, 1977, the;202
(3) The death or disability of any emergency management rescue specialist who is killed203
or permanently disabled on or after January 1, 1991, and the; and204
(4) The death or disability of any state highway employee who is or has been killed or205
permanently disabled in the line of duty subsequent to January 1, 1990, as well as.206
(b) Funds appropriated to the Georgia State Indemnification Fund shall also be used for207
the purpose of defraying the expenses and costs incurred by the department and the208
commission in the administration of this part. In addition, the department is authorized to209
accept for deposit in the Georgia State Indemnification Fund any other funds from any210
other source. All funds appropriated to the Georgia State Indemnification Fund shall be211
presumptively concluded to have been committed to the purpose for which they have been212
appropriated and shall not lapse.213
45-9-84.3.214
The department is authorized, subject to the limitations contained in this part:215
(1) To pay the appropriate indemnification to the persons eligible for indemnification216
under this part from the proceeds of the Georgia State Indemnification Fund;217 23 LC 36 5523S/AP
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(2) To make such payments as may be necessary to defray the expenses and costs
218
incurred by the department and the commission
in administering this part; and219
(3) With the approval of the commission, to To utilize the resources of the Georgia State220
Indemnification Fund to purchase insurance to provide for such indemnification.221
45-9-85.222
(a) As used in this Code section, the term:223
(1) 'Nonroutine stressful or strenuous physical activity' means actions that are not224
clerical, administrative, or nonmanual in nature.225
(2) 'Public safety officer' means a law enforcement officer, firefighter, emergency226
medical technician, emergency management rescue specialist, state highway employee,227
or prison guard.228
(3) 'Work related activity' means, while in the line of duty:229
(A) Engaging in a situation involving nonroutine stressful or strenuous physical230
activity related to law enforcement, fire suppression, rescue, hazardous material231
response, emergency medical services, prison or jail security, disaster relief, or any232
other emergency response as classified by the commission; or233
(B) Participating in a training exercise involving nonroutine stressful or strenuous234
physical activity.235
(b) Indemnification shall be paid under this article as follows:236
(1) In the case of a partial permanent disability suffered in the line of duty by a public237
safety officer, the eligible disabled person may elect payment of $35,000.00 paid in equal238
monthly installments for five years or a lump sum of such amount reduced to its present239
value upon the basis of interest calculated at the rate of 6 percent per annum;240
(2) In the case of a total permanent disability suffered in the line of duty by a public241
safety officer, the injured person may elect to receive a payment of $75,000.00 paid in242 23 LC 36 5523S/AP
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equal monthly installments for five years or a lump sum of such amount reduced to its
243
present value upon the basis of interest calculated at the rate of 6 percent per annum;244
(3)(A) In the case of death suffered in the line of duty by a public safety officer,245
payment shall be made to:246
(i) The surviving unremarried spouse;247
(ii) The surviving children who are under the age of 19 or, if a student enrolled in an248
institution of postsecondary education at the time of such death, under the age of 24;249
or250
(iii) Individuals not otherwise provided for under this subparagraph who are the251
dependents of the spouse or deceased person as shown in the spouse's or deceased252
person's most recent tax return.253
(B) In the case of organic brain damage suffered in the line of duty by a law
254
enforcement officer, firefighter, emergency medical technician, emergency255
management specialist, state highway employee, or prison guard, public safety officer,256
payment shall be made to the legal guardian of the organically brain damaged person.257
(C) The surviving unremarried spouse, dependents, or the legal guardian may elect to258
receive payment in a lump sum payment of $150,000.00 paid in equal monthly259
installments for five years or a lump sum of such amount reduced to its present value260
upon the basis of interest calculated at the rate of 6 percent per annum; or261
(4) A heart attack, stroke, or vascular rupture suffered by a public safety officer shall be262
presumed to qualify such public safety officer under this subsection if the heart attack,263
stroke, or vascular rupture:264
(A) Commenced:265
(i) While such public safety officer was performing work related activity;266
(ii) While such public safety officer was on duty after performing work related267
activity; or268
(iii) Not later than 24 hours after performing work related activity; and269 23 LC 36 5523S/AP
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(B) Directly or proximately resulted in the death or partial or permanent disability of
270
the public safety officer, unless competent medical evidence established that the heart271
attack, stroke, or vascular rupture was not related to the work related activity or was272
directly or proximately caused by something other than the mere presence of273
cardiovascular disease risk factors.274
(c) After the department, or the commission
commissioner or his or her designee upon275
review of a denial by the department, determines that a public safety officer has suffered276
a total permanent disability, a partial permanent disability, organic brain damage, or death277
in the line of duty, the department shall be authorized to make the appropriate payments278
as provided in subsection (b) of this Code section.279
(d) If the department denies a claim, any person seeking benefits pursuant to this part may280
appeal the department's decision to the commission commissioner or his or her designee.281
Any such appeal shall be filed with the commission commissioner or his or her designee282
within 60 days of receipt of the department's decision and shall identify the errors in the283
department's decision. Appeals shall be considered by the commission at the commission's284
semiannual meeting commissioner or his or her designee as provided in Code285
Section 45-9-84.286
45-9-86.287
(a) As used in this Code section, the term 'public safety officer' shall have the same288
meaning as provided in Code Section 45-9-85.289
(a)(b) An application for indemnification with respect to a claim for total permanent290
disability or partial permanent disability of a law enforcement officer, firefighter, prison291
guard, emergency medical technician, emergency management rescue specialist, or state292
highway employee public safety officer shall be submitted by that person unless the person293
is mentally incompetent, in which case the application may be made on such person's294
behalf by his or her legal guardian.295 23 LC 36 5523S/AP
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(b)(c) An application for indemnification with respect to a claim for the death of a law296
enforcement officer, firefighter, prison guard, emergency medical technician, emergency297
management rescue specialist, or state highway employee public service officer shall be298
submitted by or on behalf of the surviving unremarried spouse or dependents eligible under299
this part.300
(c)(d) An application for indemnification with respect to death, organic brain damage, total301
permanent disability, or partial permanent disability must be made within 24 months after302
the date of the incident giving rise to the death, organic brain damage, or disability.303
45-9-87.304
It is the intent of the General Assembly that indemnification paid pursuant to this part shall305
not be taxable within this state for any purpose.306
45-9-88.307
(a) No indemnification shall be awarded to any person otherwise entitled thereto who308
violates a penal law of this state which violation caused or contributed to the death or309
disability of the officer.310
(b) Notwithstanding any other provision of this article, no payment shall be authorized if311
death, organic brain damage, total permanent disability, or partial permanent disability312
occurs from suicide, intentionally self-inflicted injuries, natural causes, or the performance313
of routine duties which would not be considered strenuous or dangerous by a reasonable314
person, except as provided for in subsection (b) of Code Section 45-9-85.315
45-9-89.316
The commission department shall annually file a report of its activities regarding the317
Georgia State Indemnification Fund with the General Assembly, which report shall include318
the amount of funds paid under the program of indemnification. It Such report shall also319 23 LC 36 5523S/AP
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include a copy of each order providing for payment or a summary of each such order
320
giving all pertinent details.321
45-9-90.322
(a) Any person who shall knowingly give false information or false testimony causing or323
intended to cause the payment of indemnification which would not otherwise be justified324
under this part shall be guilty of a misdemeanor.325
(b) Any such person convicted under subsection (a) of this Code section shall be liable to326
the state for any funds paid as a result of such false information or testimony.327
Part 2328
45-9-100.329
The purpose of this part is to implement the constitutional amendment ratified330
November 7, 2000, authorizing the General Assembly to provide a program of331
compensation for law enforcement officers who become physically disabled, but not332
permanently disabled, as a result of physical injury incurred in the line of duty and caused333
by a willful act of violence and for firefighters who become physically disabled, but not334
permanently disabled, as a result of physical injury incurred in the line of duty while335
fighting a fire, which program shall entitle an injured law enforcement officer or firefighter336
to receive monthly compensation from the state in an amount equal to such person's regular337
compensation for the period of time that the law enforcement officer or firefighter is338
physically unable to perform the duties of his or her employment, not exceeding 12339
months, and to provide certain exceptions and limitations with respect to such program of340
compensation.341 23 LC 36 5523S/AP
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45-9-101.
342
As used in this part, the term:343
(1) 'Commission' means the Georgia State Indemnification Commission created in Code
344
Section 45-9-83 'Commissioner' means the commissioner of administrative services.345
(2) 'Department' means the Department of Administrative Services.346
(3) 'Firefighter' means:347
(A) Any person who is employed as a professional firefighter on a full-time or348
part-time basis by any municipal, county, or state government fire department certified349
in writing by the Georgia Firefighter Standards and Training Council pursuant to Code350
Section 25-3-22 employing three or more firefighters and who has the responsibility of351
preventing and suppressing fires, protecting life and property, enforcing municipal,352
county, and state fire prevention codes, enforcing any law pertaining to the prevention353
and control of fires or who performs any acts or actions while on duty or when354
responding to a fire or emergency during any fire or other emergency or while355
performing duties intended to protect life and property;356
(B) Any individual serving as an officially recognized or designated member of a357
legally organized volunteer fire department certified in writing by the Georgia358
Volunteer Fire Service Council pursuant to Code Section 25-3-22 who performs any359
acts or actions while on duty and when responding to a fire or emergency during any360
fire or other emergency or while performing duties intended to protect life and property;361
or362
(C) Any employee at the State Forestry Commission whose job duties include fire363
mitigation.364
(4) 'Full-time' means an employee who regularly works 30 hours or more each week.365
(5) 'In the line of duty' means:366 23 LC 36 5523S/AP
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(A) With respect to a volunteer firefighter, while on duty and performing duties during
367
any fire or other emergency or performing duties intended to protect life and property;368
or369
(B) With respect to a law enforcement officer or firefighter, while on duty and370
performing services for and receiving compensation from the law enforcement or fire371
service agency which employs such officer or firefighter, while off duty and responding372
to any situation which would save a life or preserve the peace, or while preventing or373
attempting to prevent the commission of a crime or fire. A law enforcement officer or374
firefighter who is performing duties for and receiving compensation from a private375
employer at the time of such officer's or firefighter's bodily injury, but not permanent376
disability, shall not be considered in the line of duty if the officer or firefighter is377
entitled to workers' compensation benefits from the private employer or the private378
employer's insurer.379
(6) 'Injured in the line of duty' means an injury which arises out of or in the course of380
employment in the line of duty; or, with respect to a firefighter of a legally organized381
volunteer fire department, such term means an injury while on duty and when responding382
to a fire or emergency with the volunteer fire department during any fire or other383
emergency or while performing duties intended to protect life and property. Going to or384
from work shall not be considered in the line of duty; and going to a legally organized385
volunteer fire department to begin a service of duty or traveling from such a fire386
department after duties have been completed or traveling from the scene of a fire,387
emergency, or other location where duties were being performed and have been388
completed shall not be considered in the line of duty.389
(7) 'Law enforcement officer' means any agent or officer of this state, or a political390
subdivision or municipality thereof, who, as a full-time or part-time employee, is vested391
either expressly by law or by virtue of public employment or service with authority to392
enforce the criminal or traffic laws and whose duties include the preservation of public393 23 LC 36 5523S/AP
H. B. 437
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order, the protection of life and property, or the prevention, detection, or investigation of
394
crime. Such term also includes the employees designated by the commissioner of395
community supervision who have the duty to supervise children adjudicated for a Class396
A designated felony act or Class B designated felony act after release from restrictive397
custody, as such terms are defined in Code Section 15-11-2, and the commissioner of398
juvenile justice pursuant to paragraph (2) of subsection (i) of Code Section 49-4A-8 who399
have the duty to investigate and apprehend delinquent children, or the supervision of400
delinquent children under intensive supervision in the community, and any child with a401
pending juvenile court case alleging the child to be a child in need of services who has402
escaped from a facility under the jurisdiction of the Department of Juvenile Justice or403
who has broken the conditions of supervision. Such term also includes members of the404
Georgia National Guard, the composition of which is set forth in Code Section 38-2-3,405
who have been called into active state service by the Governor.406
(8) 'Volunteer firefighter' means a person who is appointed and regularly enrolled as a407
volunteer with a legally organized fire department; who, as a volunteer firefighter, has408
and primarily performs the principal responsibility of preventing or suppressing fires; and409
who satisfies the requirements specified in subparagraph (a)(1)(D) of Code410
Section 25-3-23.411
45-9-102.412
(a) Any law enforcement officer who becomes physically disabled, but not permanently413
disabled, on or subsequent to July 1, 2001, as a result of a physical injury incurred in the414
line of duty and caused by a willful act of violence committed by a person other than a415
fellow employee shall be entitled to receive compensation as provided in this Code section.416
Any firefighter who becomes physically disabled, but not permanently disabled, on or417
subsequent to July 1, 2001, as a result of a physical injury incurred in the line of duty while418
fighting a fire shall be entitled to receive compensation as provided in this Code section.419 23 LC 36 5523S/AP
H. B. 437
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The compensation shall be paid to eligible applicants by the commission department from420
funds appropriated to the commission Georgia State Indemnification Fund for such421
purpose.422
(b) Except as otherwise provided in this part, any law enforcement officer or firefighter423
injured in the line of duty as provided in subsection (a) of this Code section shall receive424
monthly compensation from the department in an amount equal to such person's regular425
compensation for the period of time that the law enforcement officer or firefighter is426
physically unable to perform the duties of his or her employment; provided, however, that427
such benefits provided pursuant to this Code section for injuries resulting from a single428
incident shall not be granted for more than a total of 12 months. For purposes of this429
subsection, the regular compensation of a volunteer firefighter covered under subparagraph430
(B) of paragraph (3) of Code Section 45-9-101 shall be deemed to be the Georgia average431
weekly earnings of production workers in manufacturing industries for the immediately432
preceding calendar year as published by the Georgia Department of Labor. A law433
enforcement officer or firefighter shall be required to submit to the department satisfactory434
evidence of such disability. A volunteer firefighter shall not be considered disabled once435
he or she is able to perform the duties of his or her regular employment or equivalent436
thereof.437
(c) Benefits made available under this Code section shall be subordinate to any workers'438
compensation benefits, disability and other compensation benefits from the person's439
employer which the law enforcement officer or firefighter is awarded and shall be limited440
to the difference between the amount of workers' compensation benefits and other441
compensation benefits actually paid and the amount of the law enforcement officer's or442
firefighter's regular compensation; provided, however, that benefits shall never exceed the443
person's regular compensation minus the maximum weekly workers' compensation benefit444
level for that person whether or not workers' compensation is available. For the purposes445
of this subsection, the regular compensation of a firefighter covered as defined under446 23 LC 36 5523S/AP
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subparagraph (2)(B) of paragraph (3) of Code Section 45-9-102 45-9-101 shall be deemed447
to be the Georgia average weekly earnings of production workers in manufacturing448
industries for the immediately preceding calendar year as published by the Georgia449
Department of Labor.450
(d) A law enforcement officer or firefighter who collects benefits pursuant to this Code451
section shall not be entitled to any benefits under Code Section 45-7-9.452
(e) A law enforcement officer or firefighter who is disabled and who receives453
indemnification under Part 1 of this article as a result of an incident shall not be entitled to454
any compensation under this Code section for the disability resulting from the same455
incident. A law enforcement officer or firefighter who initially receives benefits under this456
Code section but who is determined subsequently to be entitled to benefits under Part 1 of457
this article with respect to the same incident or whose beneficiary is determined458
subsequently to be entitled to benefits under Part 1 of this article shall be entitled only to459
the amount equal to the benefits to which the person would be entitled under Part 1 reduced460
by the total amount of benefits received under this Code section.461
(f) After the department, or the commission commissioner or his or her designee upon462
review of a denial by the department, determines that a law enforcement officer has been463
temporarily disabled due to a willful act of violence or that a firefighter has been464
temporarily disabled while fighting a fire and is entitled to indemnification under this part,465
the department shall be authorized to make the appropriate payments to the temporarily466
disabled law enforcement officer or firefighter.467
(g) If the department denies a claim, any person seeking benefits pursuant to this part may468
appeal the department's decision to the commission commissioner or his or her designee.469
Any such appeal shall be filed with the commission commissioner or his or her designee470
within 60 days of receipt of the department's decision and shall identify the errors in the471
department's decision. Appeals shall be considered by the commission at the commission's472 23 LC 36 5523S/AP
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semiannual meeting commissioner or his or her designee as provided in Code Section 45-9-84.473
45-9-103.474
An application for compensation with respect to a claim filed on or after July 1, 2001, for475
the temporary disability of a law enforcement officer or firefighter shall be submitted by476
that person within 60 days from the date of the incident resulting in disability.477
45-9-104.478
(a) No compensation shall be awarded to any person otherwise entitled thereto who479
violates a penal law of this state which violation caused or contributed to the disability of480
the law enforcement officer or firefighter.481
(b) Notwithstanding any other provision of this article, no payment shall be authorized if482
disability occurs from intentionally self-inflicted injuries or natural causes or while483
performing routine duties which would not be strenuous or dangerous if performed by484
persons of average physical abilities.485
45-9-105.486
(a) Any person who shall knowingly give false information or false testimony causing or487
intending to cause the payment of compensation which would not otherwise be justified488
under this part shall be guilty of a misdemeanor.489
(b) Any such person convicted under subsection (a) of this Code section shall be liable to490
the state for any funds paid as a result of such false information or testimony."491
SECTION 2.492
This Act shall become effective upon its approval by the Governor or upon its becoming law493
without such approval.494 23 LC 36 5523S/AP
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SECTION 3.
495
All laws and parts of laws in conflict with this Act are repealed.496