Georgia 2025-2026 Regular Session

Georgia Senate Bill SB56 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	25 ~~SB 56/AP~~
	1	+	25 LC 46 1123S (SCS)
2	2		Senate Bill 56
3	3		By: Senators Anavitarte of the 31st, Albers of the 56th, Robertson of the 29th, Kennedy of
4	4		the 18th, Gooch of the 51st and others
5		-	AS PASSED
	5	+	AS PASSED SENATE
6	6		A BILL TO BE ENTITLED
7	7		AN ACT
8	8		To amend Part 1 of Article 5 of Chapter 9 of Title 45 of the Official Code of Georgia
9	9		1
10	10		Annotated, relating to Georgia State Indemnification Fund, so as to authorize the Department2
11	11		of Administrative Services to purchase annuities for the payment of indemnification claims;3
12	12		to provide for qualification standards for indemnification claims relating to certain deaths of4
13	13		public safety officers related to COVID-19; to provide for timing requirements for5
14	14		application of such indemnification claims; to provide for definitions; to provide for6
15	15		conforming changes; to provide for related matters; to repeal conflicting laws; and for other7
16	16		purposes.8
17	17		BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:9
18	18		SECTION 1.10
19	19		Part 1 of Article 5 of Chapter 9 of Title 45 of the Official Code of Georgia Annotated,11
20	20		relating to Georgia State Indemnification Fund, is amended by revising Code12
21	21		Section 45-9-85, relating to payment of indemnification for death or disability, procedure for13
22	22		making payments, and appeal, as follows:14
23	23		"45-9-85.15
24	24		(a) As used in this Code section, the term:16
25	25		S. B. 56
26		-	- 1 - 25 ~~SB 56/AP~~
	26	+	- 1 - 25 LC 46 1123S (SCS)
27	27		(1) 'COVID-19' means severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2),17
28	28		and any mutation or viral fragments thereof, or any disease or condition caused by severe18
29	29		acute respiratory syndrome coronavirus 2 (SARS-CoV-2).19
30	30		(1)(2) 'Nonroutine stressful or strenuous physical activity' means actions that are not20
31	31		clerical, administrative, or nonmanual in nature.21
32	32		(2)(3) 'Public safety officer' means a law enforcement officer, firefighter, emergency22
33	33		medical technician, emergency management rescue specialist, state highway employee,23
34	34		or prison guard.24
35	35		(3)(4) 'Work related activity' means, while in the line of duty:25
36	36		(A) Engaging in a situation involving nonroutine stressful or strenuous physical26
37	37		activity related to law enforcement, fire suppression, rescue, hazardous material27
38	38		response, emergency medical services, prison or jail security, disaster relief, or any28
39	39		other emergency response; or29
40	40		(B) Participating in a training exercise involving nonroutine stressful or strenuous30
41	41		physical activity.31
42	42		(b) Indemnification shall be paid under this article part as follows:32
43	43		(1) In the case of a partial permanent disability suffered in the line of duty by a public33
44	44		safety officer while in the line of duty, the eligible disabled person may elect to receive34
45	45		a payment of $35,000.00 paid in equal monthly installments for five years or a lump sum35
46	46		of such amount reduced to its present value upon the basis of interest calculated at the36
47	47		rate of 6 percent per annum;37
48	48		(2) In the case of a total permanent disability suffered in the line of duty by a public38
49	49		safety officer while in the line of duty, the injured eligible disabled person may elect to39
50	50		receive a payment of $75,000.00 paid in equal monthly installments for five years or a40
51	51		lump sum of such amount reduced to its present value upon the basis of interest41
52	52		calculated at the rate of 6 percent per annum;42
53	53		S. B. 56
54		-	- 2 - 25 ~~SB 56/AP~~
	54	+	- 2 - 25 LC 46 1123S (SCS)
55	55		(3)(A) In the case of death suffered in the line of duty by a public safety officer while43
56	56		in the line of duty, payment shall be made to:44
57	57		(i) The surviving unremarried spouse;45
58	58		(ii) The surviving children who are under the age of 19 or, if a student enrolled in an46
59	59		institution of postsecondary education at the time of such death, under the age of 24;47
60	60		or48
61	61		(iii) Individuals not otherwise provided for under this subparagraph who are the49
62	62		dependents of the spouse or deceased person as shown in the spouse's or deceased50
63	63		person's most recent tax return.51
64	64		(B) In the case of organic brain damage suffered in the line of duty by a public safety52
65	65		officer while in the line of duty, payment shall be made to the legal guardian of the53
66	66		organically brain damaged person.54
67	67		(C) The surviving unremarried spouse, dependents, or the legal guardian who qualified55
68	68		for indemnification payment pursuant to this paragraph may elect to receive a payment56
69	69		in a lump sum payment of $150,000.00 paid in equal monthly installments for five57
70	70		years or a lump sum of such amount reduced to its present value upon the basis of58
71	71		interest calculated at the rate of 6 percent per annum; or.59
72	72		(c)(1) After the department, or the commission upon review of a denial by the60
73	73		department, determines that a public safety officer suffered a total permanent disability,61
74	74		a partial permanent disability, organic brain damage, or death while in the line of duty,62
75	75		the department shall be authorized to make the appropriate payments as provided in63
76	76		subsection (b) of this Code section. The department shall be authorized to purchase64
77	77		annuities to fund payments issued pursuant to this part.65
78	78		(2) The department shall consider a A heart attack, stroke, or vascular rupture suffered66
79	79		by a public safety officer shall be presumed to qualify such public safety officer under67
80	80		this subsection to have occurred while in the line of duty if the heart attack, stroke, or68
81	81		vascular rupture:69
82	82		S. B. 56
83		-	- 3 - 25 ~~SB 56/AP~~
	83	+	- 3 - 25 LC 46 1123S (SCS)
84	84		(A) Commenced:
85	85		70
86	86		(i) While such public safety officer was performing work related activity;71
87	87		(ii) While such public safety officer was on duty after performing work related72
88	88		activity; or73
89	89		(iii) Not later than 24 hours after performing work related activity; and74
90	90		(B) Directly or proximately resulted in the death or partial or permanent disability of75
91	91		the public safety officer, unless competent medical evidence established that the heart76
92	92		attack, stroke, or vascular rupture was not related to the work related activity or was77
93	93		directly or proximately caused by something other than the mere presence of78
94	94		cardiovascular disease risk factors.79
95	95		(3) Unless competent medical evidence establishes that the death of a public safety
96	96		80
97	97		officer was directly or proximately caused by something other than COVID-19, the81
98	98		department shall consider the death of a public safety officer related to COVID-19 that82
99	99		occurred on or before April 15, 2022, to have occurred while in the line of duty if:83
100	100		(A) The public safety officer was diagnosed with COVID-19, or evidence indicates the84
101	101		officer had COVID-19, within 14 days of such public safety officer's last day of duty;85
102	102		(B) The evidence indicates that the public safety officer had COVID-19 or86
103	103		complications therefrom at the time of death; and87
104	104		(C) No indemnification claim has been paid by the department pursuant to this part.88
105	105		(c) After the department, or the commissioner or his or her designee upon review of a89
106	106		denial by the department, determines that a public safety officer has suffered a total90
107	107		permanent disability, a partial permanent disability, organic brain damage, or death in the91
108	108		line of duty, the department shall be authorized to make the appropriate payments as92
109	109		provided in subsection (b) of this Code section.93
110	110		(d) If the department denies a claim, any person seeking benefits pursuant to this part may94
111	111		appeal the department's decision to the commissioner or his or her designee. Any such95
112	112		appeal shall be filed with the commissioner or his or her designee within 60 days of receipt96
113	113		S. B. 56
114		-	- 4 - 25 ~~SB 56/AP~~
	114	+	- 4 - 25 LC 46 1123S (SCS)
115	115		of the department's decision and shall identify the errors in the department's decision.
116	116		97
117	117		Appeals shall be considered by the commissioner or his or her designee as provided in98
118	118		Code Section 45-9-84."99
119	119		SECTION 2.100
120	120		Said part is further amended by revising Code Section 45-9-86, relating to application for101
121	121		indemnification, as follows:102
122	122		"45-9-86.103
123	123		(a) As used in this Code section, the term
124	124		terms 'COVID-19' and 'public safety officer'104
125	125		shall have the same meaning meanings as provided in Code Section 45-9-85.105
126	126		(b) An application for indemnification with respect to a claim for total permanent106
127	127		disability or partial permanent disability of a public safety officer shall be submitted by that107
128	128		person unless the person is mentally incompetent, in which case the application may be108
129	129		made on such person's behalf by his or her legal guardian.109
130	130		(c) An application for indemnification with respect to a claim for the death of a public110
131	131		safety officer shall be submitted by or on behalf of the surviving unremarried spouse or111
132	132		dependents eligible under this part.112
133	133		(d) Except as provided in subsection (e) of this Code section, an An application for113
134	134		indemnification with respect to death, organic brain damage, total permanent disability, or114
135	135		partial permanent disability must be made within 24 months after the date of the incident115
136	136		giving rise to the death, organic brain damage, or disability.116
137	137		(e) An application for indemnification with respect to a claim for the death of a public117
138	138		safety officer related to COVID-19 that occurred on or before April 15, 2022, shall be118
139	139		submitted between the effective date of this Code section and August 1, 2025. No119
140	140		indemnification claim for the death of a public safety officer related to COVID-19 that120
141	141		occurred on or before April 15, 2022, shall be paid for an application not properly121
142	142		submitted between the effective date of this Code section and August 1, 2025."122
143	143		S. B. 56
144		-	- 5 - 25 ~~SB 56/AP~~
	144	+	- 5 - 25 LC 46 1123S (SCS)
145	145		SECTION 3.
146	146		123
147	147		Said part is further amended by revising Code Section 45-9-88, relating to indemnification124
148	148		not to be awarded when penal violation, suicide, intentionally self-inflicted injuries, natural125
149	149		causes, or performance of certain routine duties caused or contributed to death or disability,126
150	150		as follows:127
151	151		"45-9-88.128
152	152		(a) No indemnification shall be awarded to any person otherwise entitled thereto who129
153	153		violates a penal law of this state which violation caused or contributed to the death or130
154	154		disability of the officer.131
155	155		(b) Notwithstanding any other provision of this article
156	156		part, no payment shall be authorized132
157	157		if death, organic brain damage, total permanent disability, or partial permanent disability133
158	158		occurs from suicide, intentionally self-inflicted injuries, natural causes, or the performance134
159	159		of routine duties which would not be considered strenuous or dangerous by a reasonable135
160	160		person, except as provided for in subsection (b) (c) of Code Section 45-9-85."136
161	161		SECTION 4.137
162	162		All laws and parts of laws in conflict with this Act are repealed.138
163	163		S. B. 56
164	164		- 6 -