25 SB 56/AP
Senate Bill 56
By: Senators Anavitarte of the 31st, Albers of the 56th, Robertson of the 29th, Kennedy of
the 18th, Gooch of the 51st and others
AS PASSED
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 authorize the Department2
of Administrative Services to purchase annuities for the payment of indemnification claims;3
to provide for qualification standards for indemnification claims relating to certain deaths of4
public safety officers related to COVID-19; to provide for timing requirements for5
application of such indemnification claims; to provide for definitions; to provide for6
conforming changes; to provide for related matters; to repeal conflicting laws; and for other7
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 part as follows:32
(1) In the case of a partial permanent disability suffered in the line of duty by a public33
safety officer while in the line of duty, the eligible disabled person may elect to receive34
a payment of $35,000.00 paid in equal monthly installments for five years or a lump sum35
of such amount reduced to its present value upon the basis of interest calculated at the36
rate of 6 percent per annum;37
(2) In the case of a total permanent disability suffered in the line of duty by a public38
safety officer while in the line of duty, the injured eligible disabled person may elect to39
receive a payment of $75,000.00 paid in equal monthly installments for five years or a40
lump sum of such amount reduced to its present value upon the basis of interest41
calculated at the rate of 6 percent per annum;42
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(3)(A) In the case of death suffered in the line of duty by a public safety officer while43
in the line of duty, payment shall be made to:44
(i) The surviving unremarried spouse;45
(ii) The surviving children who are under the age of 19 or, if a student enrolled in an46
institution of postsecondary education at the time of such death, under the age of 24;47
or48
(iii) Individuals not otherwise provided for under this subparagraph who are the49
dependents of the spouse or deceased person as shown in the spouse's or deceased50
person's most recent tax return.51
(B) In the case of organic brain damage suffered in the line of duty by a public safety52
officer while in the line of duty, payment shall be made to the legal guardian of the53
organically brain damaged person.54
(C) The surviving unremarried spouse, dependents, or the legal guardian who qualified55
for indemnification payment pursuant to this paragraph may elect to receive a payment56
in a lump sum payment of $150,000.00 paid in equal monthly installments for five57
years or a lump sum of such amount reduced to its present value upon the basis of58
interest calculated at the rate of 6 percent per annum; or.59
(c)(1) After the department, or the commission upon review of a denial by the60
department, determines that a public safety officer suffered a total permanent disability,61
a partial permanent disability, organic brain damage, or death while in the line of duty,62
the department shall be authorized to make the appropriate payments as provided in63
subsection (b) of this Code section. The department shall be authorized to purchase64
annuities to fund payments issued pursuant to this part.65
(2) The department shall consider a A heart attack, stroke, or vascular rupture suffered66
by a public safety officer shall be presumed to qualify such public safety officer under67
this subsection to have occurred while in the line of duty if the heart attack, stroke, or68
vascular rupture:69
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(A) Commenced:
70
(i) While such public safety officer was performing work related activity;71
(ii) While such public safety officer was on duty after performing work related72
activity; or73
(iii) Not later than 24 hours after performing work related activity; and74
(B) Directly or proximately resulted in the death or partial or permanent disability of75
the public safety officer, unless competent medical evidence established that the heart76
attack, stroke, or vascular rupture was not related to the work related activity or was77
directly or proximately caused by something other than the mere presence of78
cardiovascular disease risk factors.79
(3) Unless competent medical evidence establishes that the death of a public safety
80
officer was directly or proximately caused by something other than COVID-19, the81
department shall consider the death of a public safety officer related to COVID-19 that82
occurred on or before April 15, 2022, to have occurred while in the line of duty if:83
(A) The public safety officer was diagnosed with COVID-19, or evidence indicates the84
officer had COVID-19, within 14 days of such public safety officer's last day of duty;85
(B) The evidence indicates that the public safety officer had COVID-19 or86
complications therefrom at the time of death; and87
(C) No indemnification claim has been paid by the department pursuant to this part.88
(c) After the department, or the commissioner or his or her designee upon review of a89
denial by the department, determines that a public safety officer has suffered a total90
permanent disability, a partial permanent disability, organic brain damage, or death in the91
line of duty, the department shall be authorized to make the appropriate payments as92
provided in subsection (b) of this Code section.93
(d) If the department denies a claim, any person seeking benefits pursuant to this part may94
appeal the department's decision to the commissioner or his or her designee. Any such95
appeal shall be filed with the commissioner or his or her designee within 60 days of receipt96
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of the department's decision and shall identify the errors in the department's decision.
97
Appeals shall be considered by the commissioner or his or her designee as provided in98
Code Section 45-9-84."99
SECTION 2.100
Said part is further amended by revising Code Section 45-9-86, relating to application for101
indemnification, as follows:102
"45-9-86.103
(a) As used in this Code section, the term
terms 'COVID-19' and 'public safety officer'104
shall have the same meaning meanings as provided in Code Section 45-9-85.105
(b) An application for indemnification with respect to a claim for total permanent106
disability or partial permanent disability of a public safety officer shall be submitted by that107
person unless the person is mentally incompetent, in which case the application may be108
made on such person's behalf by his or her legal guardian.109
(c) An application for indemnification with respect to a claim for the death of a public110
safety officer shall be submitted by or on behalf of the surviving unremarried spouse or111
dependents eligible under this part.112
(d) Except as provided in subsection (e) of this Code section, an An application for113
indemnification with respect to death, organic brain damage, total permanent disability, or114
partial permanent disability must be made within 24 months after the date of the incident115
giving rise to the death, organic brain damage, or disability.116
(e) An application for indemnification with respect to a claim for the death of a public117
safety officer related to COVID-19 that occurred on or before April 15, 2022, shall be118
submitted between the effective date of this Code section and August 1, 2025. No119
indemnification claim for the death of a public safety officer related to COVID-19 that120
occurred on or before April 15, 2022, shall be paid for an application not properly121
submitted between the effective date of this Code section and August 1, 2025."122
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SECTION 3.
123
Said part is further amended by revising Code Section 45-9-88, relating to indemnification124
not to be awarded when penal violation, suicide, intentionally self-inflicted injuries, natural125
causes, or performance of certain routine duties caused or contributed to death or disability,126
as follows:127
"45-9-88.128
(a) No indemnification shall be awarded to any person otherwise entitled thereto who129
violates a penal law of this state which violation caused or contributed to the death or130
disability of the officer.131
(b) Notwithstanding any other provision of this article
part, no payment shall be authorized132
if death, organic brain damage, total permanent disability, or partial permanent disability133
occurs from suicide, intentionally self-inflicted injuries, natural causes, or the performance134
of routine duties which would not be considered strenuous or dangerous by a reasonable135
person, except as provided for in subsection (b) (c) of Code Section 45-9-85."136
SECTION 4.137
All laws and parts of laws in conflict with this Act are repealed.138
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