23 LC 39 3605
S. B. 43
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Senate Bill 43
By: Senators Jackson of the 41st, Albers of the 56th, Robertson of the 29th, Jones II of the
22nd, Payne of the 54th and others
A BILL TO BE ENTITLED
AN ACT
To amend Part 1 of Article 5 of Chapter 9 of Title 45 of the Official Code of Georgia
1
Annotated, relating to Georgia State Indemnification Fund, so as to provide that death by2
suicide of a public safety officer in certain instances be considered a death in the line of duty3
for purposes of indemnification; to provide clarification for instances of indemnification for4
heart attack, stroke, or vascular rupture; to revise and provide for a definition; to provide for5
related matters; to repeal conflicting laws; and for other purposes.6
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:7
SECTION 1.8
Part 1 of Article 5 of Chapter 9 of Title 45 of the Official Code of Georgia Annotated,9
relating to Georgia State Indemnification Fund, is amended by revising Code10
Section 45-9-85, relating to payment of indemnification for death or disability, procedure for11
making payments, and appeal, as follows:12
"45-9-85.13
(a) As used in this Code section, the term:14
(1) 'Nonroutine stressful or strenuous physical activity' means actions that are not15
clerical, administrative, or nonmanual in nature.16 23 LC 39 3605
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(2) 'Public safety officer' means a law enforcement officer, firefighter, emergency
17
medical technician, emergency management rescue specialist, state highway employee,18
or prison guard authorized to indemnification pursuant to Article III, Section VI,
19
Paragraph VI, subparagraphs (d), (e), and (g) of the Georgia Constitution.20
(3) 'Work related activity' means, while in the line of on duty:21
(A) Engaging in a situation involving nonroutine stressful or strenuous physical22
activity related to law enforcement, fire suppression, rescue, hazardous material23
response, emergency medical services, prison or jail security, disaster relief, or any24
other emergency response as classified by the commission; or25
(B) Participating in a training exercise involving nonroutine stressful or strenuous26
physical activity.27
(b) Indemnification shall be paid under this article part as follows:28
(1) In the case of a partial permanent disability suffered in the line of duty by a public29
safety officer while in the line of duty, the eligible disabled person may elect to receive30
a payment of $35,000.00 paid in equal monthly installments for five years or a lump sum31
of such amount reduced to its present value upon the basis of interest calculated at the32
rate of 6 percent per annum;33
(2) In the case of a total permanent disability suffered in the line of duty by a public34
safety officer while in the line of duty, the injured eligible disabled person may elect to35
receive a payment of $75,000.00 paid in equal monthly installments for five years or a36
lump sum of such amount reduced to its present value upon the basis of interest37
calculated at the rate of 6 percent per annum;38
(3)(A) In the case of death suffered in the line of duty by a public safety officer while39
in the line of duty, payment shall be made to:40
(i) The surviving unremarried spouse;41 23 LC 39 3605
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(ii) The surviving children who are under the age of 19 or, if a student enrolled in an
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institution of postsecondary education at the time of such death, under the age of 24;43
or44
(iii) Individuals not otherwise provided for under this subparagraph who are the45
dependents of the spouse or deceased person as shown in the spouse's or deceased46
person's most recent tax return.47
(B) In the case of organic brain damage suffered in the line of duty by a law
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enforcement officer, firefighter, emergency medical technician, emergency49
management specialist, state highway employee, or prison guard by a public safety50
officer while in the line of duty, payment shall be made to the legal guardian of the51
organically brain damaged person.52
(C) The surviving unremarried spouse, dependents, or the legal guardian qualified for53
indemnification payment pursuant to this paragraph may elect to receive a payment in54
a lump sum payment of $150,000.00 paid in equal monthly installments for five years55
or a lump sum of such amount reduced to its present value upon the basis of interest56
calculated at the rate of 6 percent per annum; or.57
(c)(1) After the department, or the commission upon review of a denial by the58
department, determines that a public safety officer has suffered a total permanent59
disability, a partial permanent disability, organic brain damage, or death in the line of60
duty, the department shall be authorized to make the appropriate payments as provided61
in subsection (b) of this Code section.62
(4)(2) The department shall consider a A heart attack, stroke, or vascular rupture suffered63
by a public safety officer shall be presumed to qualify such public safety officer under64
this subsection to have occurred while in the line of duty if the heart attack, stroke, or65
vascular rupture:66
(A) Commenced:67
(i) While such public safety officer was performing work related activity;68 23 LC 39 3605
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(ii) While such public safety officer was on duty after performing work related
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activity; or70
(iii) Not later than 24 hours after performing work related activity; and71
(B) Directly or proximately resulted in the death or partial or permanent disability of72
the public safety officer, unless competent medical evidence established that the heart73
attack, stroke, or vascular rupture was not related to the work related activity or was74
directly or proximately caused by something other than the mere presence of75
cardiovascular disease risk factors.76
(3) The department shall consider the death of a public safety officer caused by suicide
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to have occurred while in the line of duty if the death occurred within 30 days of his or78
her last day on duty.79
(c) After the department, or the commission upon review of a denial by the department,80
determines that a public safety officer has suffered a total permanent disability, a partial81
permanent disability, organic brain damage, or death in the line of duty, the department82
shall be authorized to make the appropriate payments as provided in subsection (b) of this83
Code section.84
(d) If the department denies a claim, any person seeking benefits pursuant to this part may85
appeal the department's decision to the commission. Any such appeal shall be filed with86
the commission within 60 days of receipt of the department's decision and shall identify87
the errors in the department's decision. Appeals shall be considered by the commission at88
the commission's semiannual meeting as provided in Code Section 45-9-84."89
SECTION 2.90
Said part is further amended by revising Code Section 45-9-88, relating to indemnification91
not to be awarded when penal violation, suicide, intentionally self-inflicted injuries, natural92
causes, or performance of certain routine duties caused or contributed to death or disability,93
as follows:94 23 LC 39 3605
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"45-9-88.
95
(a) No indemnification shall be awarded to any person otherwise entitled thereto who96
violates a penal law of this state which violation caused or contributed to the death or97
disability of the officer.98
(b) Notwithstanding any other provision of this article
part, no payment shall be authorized99
if death, organic brain damage, total permanent disability, or partial permanent disability100
occurs from suicide, intentionally self-inflicted injuries other than suicide, natural causes,101
or the performance of routine duties which would not be considered strenuous or dangerous102
by a reasonable person, except as provided for in subsection (b) (c) of Code103
Section 45-9-85."104
SECTION 3.105
All laws and parts of laws in conflict with this Act are repealed.106