25 HB 105/AP
House Bill 105 (AS PASSED HOUSE AND SENATE)
By: Representatives Wade of the 9
th
, Gambill of the 15
th
, Hong of the 103
rd
, McDonald III
of the 26
th
, Erwin of the 32
nd
, and others
A BILL TO BE ENTITLED
AN ACT
To amend Article 1 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated,
1
relating to general provisions of workers' compensation, so as to require the State Board of2
Workers' Compensation to notify the Department of Administrative Services when the board3
has reasonable cause to believe that an injured worker is an eligible peace officer; to provide4
for a definition; to amend Chapter 1 of Title 35 of the Official Code of Georgia Annotated,5
relating to general provisions of law enforcement officers and agencies, so as to require a6
certain notification to certain peace officers who become disabled in the line of duty under7
certain circumstances; to provide for a definition; to amend Code Section 45-9-78 of the8
Official Code of Georgia Annotated, relating to payment of indemnification for death or9
disability generally, designation of method of payment, and procedure for making payments,10
so as to increase the indemnification award of certain state public school personnel in the11
event of death; to provide for a short title; to provide for related matters; to provide for an12
effective date; to repeal conflicting laws; and for other purposes.13
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:14
SECTION 1.15
This Act shall be known and may be cited as the "Daniel D. Podsiadly, Jr. Act."16
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SECTION 2.
17
Article 1 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to18
general provisions of workers' compensation, is amended by adding a new Code section to19
read as follows:20
"34-9-26.
21
(a) As used in this Code section, the term 'eligible peace officer' means any individual who22
is employed on a full-time or part-time basis by the state or any municipality, county, or23
other political subdivision thereof; who is required by the terms of such employment,24
whether by election or appointment, to maintain public order or to make arrests for all25
criminal offenses; who is required by the terms of such employment to comply with the26
requirements of the 'Georgia Peace Officer Standards and Training Act' contained in27
Chapter 8 of Title 35; and who suffers permanent or temporary disability in the line of duty28
due to a direct interaction with a criminal suspect, arrestee, or inmate.29
(b) In the event that the State Board of Workers' Compensation has reasonable cause to30
believe that an injured employee is an eligible peace officer, the board shall notify the31
Department of Administrative Services. Additionally, the board shall notify the injured32
employee of such belief and such notification shall include such appropriate contact33
information of the Georgia State Indemnification Fund and the temporary disability34
compensation program of Parts 1 and 2, respectively, of Article 5 of Chapter 9 of Title 4535
and other information as shall be determined necessary by the Department of36
Administrative Services through the promulgation of rules and regulations."37
SECTION 3.38
Chapter 1 of Title 35 of the Official Code of Georgia Annotated, relating to general39
provisions of law enforcement officers and agencies, is amended by adding a new Code40
section to read as follows:41
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"35-1-24.42
(a) As used in this Code section, the term 'eligible peace officer' means any individual who43
is employed on a full-time or part-time basis by the state or any municipality, county, or44
other political subdivision thereof; who is required by the terms of such employment,45
whether by election or appointment, to maintain public order or to make arrests for all46
criminal offenses; who is required by the terms of such employment to comply with the47
requirements of the 'Georgia Peace Officer Standards and Training Act' contained in48
Chapter 8 of this title; and who suffers permanent or temporary disability in the line of duty49
due to a direct interaction with a criminal suspect, arrestee, or inmate.50
(b) Each law enforcement agency of this state shall notify every employee whom such51
agency has reasonable cause to believe may be an eligible peace officer of the existence52
of the Georgia State Indemnification Fund and the temporary disability compensation53
program of Parts 1 and 2, respectively, of Article 5 of Chapter 9 of Title 45. Such54
notification shall be given within ten days of such employee suffering an injury which may55
reasonably cause such employee to suffer a permanent or temporary disability. 56
Additionally, such notification shall include such appropriate contact and other information57
as shall be determined necessary by the Department of Administrative Services through the58
promulgation of rules and regulations."59
SECTION 4.60
Code Section 45-9-78 of the Official Code of Georgia Annotated, relating to payment of61
indemnification for death or disability generally, designation of method of payment, and62
procedure for making payments, is amended by revising subsection (b) as follows:63
"(b) For any compensable claim filed under this article, payment shall be made as follows:64
(1) In the case of permanent disability, the eligible disabled person pursuant to this65
article may elect payment of $75,000.00 in equal installments over a period of five years66
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or a payment in lump sum which shall consist of $75,000.00 reduced to its present value
67
upon the basis of interest calculated at the rate of 6 percent per annum; and68
(2) In the case of death, payment shall be made to the estate of a person who is eligible69
for indemnification under this article as follows: the executor or administrator may elect70
payment of $75,000.00
$150,000.00 in equal installments over a period of five years or71
a payment in lump sum which shall consist of $75,000.00 $150,000.00 reduced to its72
present value upon the basis of interest calculated at the rate of 6 percent per annum."73
SECTION 5.74
This Act shall become effective upon its approval by the Governor or upon its becoming law75
without such approval.76
SECTION 6.77
All laws and parts of laws in conflict with this Act are repealed.78
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