06 LC 21
8824
House
Bill 1430
By:
Representatives Warren of the
122nd,
Porter of the
143rd,
Jenkins of the
8th,
Wix of the
33rd,
Teilhet of the
40th,
and others
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Code Section 45-9-85 of the Official Code of Georgia Annotated, relating
to payment of indemnification for death or disability generally, beneficiary,
designation of method of payment, and procedure for making of payments, so as to
increase the indemnification to state highway employees killed or disabled on
the job; to repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Code
Section 45-9-85 of the Official Code of Georgia Annotated, relating to payment
of indemnification for death or disability generally, beneficiary, designation
of method of payment, and procedure for making of payments, is amended by
striking in its entirety subsection (b) and inserting in lieu thereof the
following:
"(b)(1)
Notwithstanding any provision of this part to the contrary, for any compensable
claim filed on or after July 1, 2002, payment shall be made as
follows:
(A)(i)
In
Except as
otherwise provided by division (ii) of this subparagraph,
in the case of permanent disability, the
eligible disabled person pursuant to this part may elect payment of $75,000.00
in equal installments over a period of five years or a payment in lump sum which
shall consist of $75,000.00 reduced to its present value upon the basis of
interest calculated at the rate of 6 percent per annum;
or
(ii)
In the case of a state highway employee permanently disabled on or after January
1, 1990, the eligible disabled person pursuant to this article may elect payment
of $25,000.00 in equal installments over a period of five years or a payment in
lump sum which shall consist of $25,000.00 reduced to its present value upon the
basis of interest calculated at the rate of 6 percent per
annum; and
(B)(i)
In
Except as
otherwise provided in division (ii) of this subparagraph,
in the case of death, payment shall be
made to the estate of a person who is eligible for indemnification under this
part as follows: the executor or administrator may elect payment of $75,000.00
in equal installments over a period of five years or a payment in lump sum which
shall consist of $75,000.00 reduced to its present value upon the basis of
interest calculated at the rate of 6 percent per
annum;
or
(ii)
In the case of a state highway employee killed on or after January 1, 1990,
payment shall be made to the estate of a person who is eligible for
indemnification under this article as follows: the executor or administrator may
elect payment of $25,000.00 in equal installments over a period of five years or
a payment in lump sum which shall consist of $25,000.00 reduced to its present
value upon the basis of interest calculated at the rate of 6 percent per
annum.
(2)
With respect to law enforcement officers, firefighters, or prison guards who
were killed prior to April 5, 1978, or who were permanently disabled prior to
January 1, 1981, and who are entitled to indemnification under this part,
payment shall be made in lump sum to the estate, in the case of death, or, in
the case of permanent disability, to the person disabled.
(3)
With respect to emergency medical technicians who were killed or permanently
disabled prior to July 1, 1987, and who are entitled to indemnification under
this part, payment shall be made in lump sum to the estate, in the case of
death, or, in the case of permanent disability, to the person
disabled."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.