24 LC 36 5793
Senate Bill 554
By: Senator Anavitarte of the 31st
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 create a presumption for2
the qualification for indemnification benefits based on a public safety officer having3
COVID-19 at the time of death, if certain requirements are met; to provide a definition; to4
allow applications for indemnification for such circumstances to be made during a certain5
time period; to authorize the Department of Administrative Services to purchase annuities6
for certain purposes; to provide for related matters; to provide for an effective date; to repeal7
conflicting laws; and for other purposes.8
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:9
SECTION 1.10
Part 1 of Article 5 of Chapter 9 of Title 45 of the Official Code of Georgia Annotated,11
relating to Georgia State Indemnification Fund, is amended by revising Code12
Section 45-9-85, relating to payment of indemnification for death or disability, procedure for13
making payments, and appeal, as follows:14
"45-9-85.15
(a) As used in this Code section, the term:16
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(1) 'COVID-19' means severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2),17
and any mutation or viral fragments thereof, or any disease or condition caused by severe18
acute respiratory syndrome coronavirus 2 (SARS-CoV-2).19
(1)(2) 'Nonroutine stressful or strenuous physical activity' means actions that are not20
clerical, administrative, or nonmanual in nature.21
(2)(3) 'Public safety officer' means a law enforcement officer, firefighter, emergency22
medical technician, emergency management rescue specialist, state highway employee,23
or prison guard.24
(3)(4) 'Work related activity' means, while in the line of duty:25
(A) Engaging in a situation involving nonroutine stressful or strenuous physical26
activity related to law enforcement, fire suppression, rescue, hazardous material27
response, emergency medical services, prison or jail security, disaster relief, or any28
other emergency response; or29
(B) Participating in a training exercise involving nonroutine stressful or strenuous30
physical activity.31
(b) Indemnification shall be paid under this article as follows:32
(1) In the case of a partial permanent disability suffered in the line of duty by a public33
safety officer, the eligible disabled person may elect payment of $35,000.00 paid in equal34
monthly installments for five years or a lump sum of such amount reduced to its present35
value upon the basis of interest calculated at the rate of 6 percent per annum;36
(2) In the case of a total permanent disability suffered in the line of duty by a public37
safety officer, the injured person may elect to receive a payment of $75,000.00 paid in38
equal monthly installments for five years or a lump sum of such amount reduced to its39
present value upon the basis of interest calculated at the rate of 6 percent per annum;40
(3)(A) In the case of death suffered in the line of duty by a public safety officer,41
payment shall be made to:42
(i) The surviving unremarried spouse;43
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(ii) The surviving children who are under the age of 19 or, if a student enrolled in an
44
institution of postsecondary education at the time of such death, under the age of 24;45
or46
(iii) Individuals not otherwise provided for under this subparagraph who are the47
dependents of the spouse or deceased person as shown in the spouse's or deceased48
person's most recent tax return.49
(B) In the case of organic brain damage suffered in the line of duty by a public safety50
officer, payment shall be made to the legal guardian of the organically brain damaged51
person.52
(C) The surviving unremarried spouse, dependents, or the legal guardian may elect to53
receive payment in a lump sum payment of $150,000.00 paid in equal monthly54
installments for five years or a lump sum of such amount reduced to its present value55
upon the basis of interest calculated at the rate of 6 percent per annum. The department
56
shall be authorized to purchase annuities for such payments; or57
(4) A heart attack, stroke, or vascular rupture suffered by a public safety officer shall be58
presumed to qualify such public safety officer under this subsection if the heart attack,59
stroke, or vascular rupture:60
(A) Commenced:61
(i) While such public safety officer was performing work related activity;62
(ii) While such public safety officer was on duty after performing work related63
activity; or64
(iii) Not later than 24 hours after performing work related activity; and65
(B) Directly or proximately resulted in the death or partial or permanent disability of66
the public safety officer, unless competent medical evidence established that the heart67
attack, stroke, or vascular rupture was not related to the work related activity or was68
directly or proximately caused by something other than the mere presence of69
cardiovascular disease risk factors; and70
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(5) Unless competent medical evidence establishes that the death of a public safety71
officer was directly and proximately caused by something other than COVID-19, deaths72
occurring on or before April 15, 2022, shall be presumed to qualify for indemnification73
benefits, if:74
(A) The public safety officer was diagnosed with COVID-19, or the evidence indicates75
the officer had COVID-19, within 14 days of such public safety officer's last day of76
duty;77
(B) The evidence indicates that the public safety officer had COVID-19 or78
complications therefrom at the time of death; and79
(C) The qualifications of subparagraph (A) of paragraph (3) of this subsection80
regarding eligible recipients are met; provided, however, that a death for which an81
indemnification benefit under the Georgia State Indemnification Fund has already been82
paid shall not qualify under this paragraph for indemnification benefits to be paid to83
such recipients.84
(c) After the department, or the commissioner or his or her designee upon review of a85
denial by the department, determines that a public safety officer has suffered a total86
permanent disability, a partial permanent disability, organic brain damage, or death in the87
line of duty, the department shall be authorized to make the appropriate payments as88
provided in subsection (b) of this Code section.89
(d) If the department denies a claim, any person seeking benefits pursuant to this part may90
appeal the department's decision to the commissioner or his or her designee. Any such91
appeal shall be filed with the commissioner or his or her designee within 60 days of receipt92
of the department's decision and shall identify the errors in the department's decision. 93
Appeals shall be considered by the commissioner or his or her designee as provided in94
Code Section 45-9-84."95
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SECTION 2.
96
Said part is further amended by revising Code Section 45-9-86, relating to application for97
indemnification, as follows:98
"45-9-86.99
(a) As used in this Code section, the term 'public safety officer' shall have the same100
meaning as provided in Code Section 45-9-85.101
(b) An application for indemnification with respect to a claim for total permanent102
disability or partial permanent disability of a public safety officer shall be submitted by that103
person unless the person is mentally incompetent, in which case the application may be104
made on such person's behalf by his or her legal guardian.105
(c) An application for indemnification with respect to a claim for the death of a public106
service
safety officer shall be submitted by or on behalf of the surviving unremarried107
spouse or dependents eligible under this part.108
(d) Except as provided in subsection (e) of this Code section, an An application for109
indemnification with respect to death, organic brain damage, total permanent disability, or110
partial permanent disability must be made within 24 months after the date of the incident111
giving rise to the death, organic brain damage, or disability.112
(e) An application for indemnification with respect to death pursuant to paragraph (5) of113
subsection (b) of Code Section 45-9-85 must be made between the effective date of this114
Code section and August 1, 2024. No indemnification claim for death pursuant to115
paragraph (5) of subsection (b) of Code Section 45-9-85 shall be paid for an application116
that is not made between the effective date of this Code section and August 1, 2024."117
SECTION 3.118
This Act shall become effective upon its approval by the Governor or upon its becoming law119
without such approval.120
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SECTION 4.
121
All laws and parts of laws in conflict with this Act are repealed.122
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