08 SB254/AP
Senate
Bill 254
By:
Senators Grant of the 25th, Mullis of the 53rd, Chance of the 16th and
Whitehead, Sr. of the 24th
AS
PASSED
AN
ACT
To
amend Chapter 9 of Title 45 of the Official Code of Georgia Annotated, relating
to insuring and indemnification of public officers and employees, so as to
provide that the Department of Administrative Services shall be the custodian
and administrator of the Georgia State Indemnification Fund; to define certain
terms; to provide that the department shall approve or deny claims for
indemnification for permanent disability or death; to provide for the
composition of the Georgia State Indemnification Commission; to provide that
such commission shall review decisions of the department relative to the
approval or denial of claims for indemnification; to provide for a schedule of
indemnification; to provide for the payment of claims; to provide for the appeal
of decisions; to provide for claims for indemnification for temporary
disability; to provide for restrictions; to provide for an effective date and
applicability; to repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Chapter
9 of Title 45 of the Official Code of Georgia Annotated, relating to insuring
and indemnification of public officers and employees, is amended by revising
Article 5, relating to law enforcement officers, firefighters, prison guards,
and publicly employed emergency medical technicians, as follows:
"ARTICLE
5
Part 1
Part 1
45-9-81.
As
used in this part, the term:
(1)
'Commission' means the Georgia State Indemnification Commission.
(2)
'Department' means the Department of Administrative Services.
(3)
'Emergency management rescue specialist' means any person licensed as an
emergency management rescue specialist pursuant to Code Section
38-3-36.
(4)
'Emergency medical technician' includes only persons who:
(A)
Are certified as emergency medical technicians, paramedics, or cardiac
technicians under Chapter 11 of Title 31; and
(B)
Are employed in the capacity for which they are so certified by a department,
agency, authority, or other instrumentality of state or local
government.
(5)(A)
'Firefighter' means any person who is employed as a professional firefighter on
a full-time or part-time basis by any municipal, county, or state government
fire department employing three or more firefighters and who has the
responsibility of preventing and suppressing fires, protecting life and
property, enforcing municipal, county, and state fire prevention codes,
enforcing any law pertaining to the prevention and control of fires or who
performs any acts or actions while on duty or when responding to a fire or
emergency during any fire or other emergency or while performing duties intended
to protect life and property.
(B)
'Firefighter' shall also mean any individual serving as an officially recognized
or designated member of a legally organized volunteer fire department, or any
employee of the Georgia Forestry Commission whose job duties include fire
mitigation, who performs any acts or actions while on duty or when responding to
a fire or emergency during any fire or other emergency or while performing
duties intended to protect life and property.
(C)
'Firefighter' shall also mean any individual employed by a person or corporation
which has a contract with a municipal corporation or county to provide fire
prevention and fire-fighting services to such municipal corporation or county
and any such individual is employed on a full-time basis of at least 40 hours
per week and has the responsibility of preventing and suppressing fires,
protecting life and property, enforcing municipal or county fire prevention
codes, enforcing any municipal or county ordinances pertaining to the prevention
and control of fires or who performs any acts or actions while on duty or when
responding to a fire or emergency during any fire or other emergency or while
performing duties intended to protect life and property.
(6)
'In the line of duty' means:
(A)
With respect to an emergency medical technician or an emergency management
rescue specialist, while on duty and when responding to or returning from an
emergency or performing duties at the scene of an emergency or transporting a
person to a medical facility for emergency treatment or returning
therefrom;
(B)
With respect to a volunteer firefighter, while on duty and when responding to or
returning from a fire or other emergency or performing duties during any fire or
other emergency or performing duties intended to protect life and property
including, without limitation, actual participation in a training
exercise;
(C)
With respect to a law enforcement officer or firefighter, while on duty and
performing services for and receiving compensation from the law enforcement and
fire service agency which employs such officer or firefighter, while off duty
when responding to any situation which would save a life or preserve the peace,
or while preventing or attempting to prevent the commission of a crime or fire.
A law enforcement officer or firefighter who is performing duties for and
receiving compensation from a private employer at the time of such
officer´s or firefighter´s death or bodily injury causing total
permanent disability or partial permanent disability shall not be considered in
the line of duty if the officer or firefighter is entitled to worker´s
compensation benefits from the private employer or the private employer´s
insurer;
(D)
With respect to a prison guard, while on duty and performing services for and
receiving compensation from the public agency which employs such prison guard;
or
(E)
With respect to a state highway employee, while on duty and performing any work
necessary for the construction, maintenance, or operation of a roadway on or
within the public roads of the state as defined in paragraph (24) of Code
Section 32-1-3 when such employee is killed or permanently disabled as the
result of working under hazardous conditions in close proximity to moving
traffic or equipment.
Such
term shall not mean commuting to or from work or commuting to or from
training.
(7)
'Law enforcement officer' means any agent or officer of this state, a political
subdivision or municipality of this state, or an authority of this state or a
political subdivision of this state who, as a full-time or part-time employee,
is vested either expressly by law or by virtue of public employment or service
with authority to enforce the criminal or traffic laws with the power of arrest
and whose duties include the preservation of public order, the protection of
life and property, or the prevention, detection, or investigation of crime.
Such term also includes the employees designated by the commissioner of juvenile
justice of the Department of Juvenile Justice pursuant to paragraph (2) of
subsection (i) of Code Section 49-4A-8, which employees have the duty to
investigate and apprehend delinquent and unruly children who have escaped from a
facility under the jurisdiction of the Department of Juvenile Justice or who
have broken the conditions of supervision. Such term also includes members of
the Georgia National Guard, the composition of which is set forth in Code
Section 38-2-3, who have been called into active state service by the
Governor.
(8)
'Organic brain damage' means direct physical trauma to the brain which so
affects the mental capacity as to preclude function productively in any
employment.
(9)
'Partial permanent disability' means disability due to:
(A)
Loss of the use of one eye or blindness in one eye with only light
perception;
(B)
Loss of one hand;
(C)
Loss of one leg; or
(D)
Loss of a lower extremity or the residual effect of an organic disease or injury
which so affects the functions of balance or propulsion as to preclude
locomotion without the use of a wheelchair for all but very short
distances.
(10)
'Prison guard' means any person employed by the state or any political
subdivision thereof whose principal duties relate to the supervision and
incarceration of persons accused or convicted of the violation of the criminal
laws of this state or any political subdivision thereof. Such term shall also
mean any probation supervisor or parole officer who is required to be certified
under Chapter 8 of Title 35, the 'Georgia Peace Officer Standards and Training
Act,' and whose principal duties directly relate to the supervision of adult
probationers or adult parolees. Such term also means any person employed by the
state or any political subdivision thereof whose principal duties include the
supervision of youth who are charged with or adjudicated for an act which if
committed by adults would be considered a crime.
(11)
'State highway employee' means an employee of the Georgia Department of
Transportation who receives compensation directly therefrom and regularly
engages in duties necessary for the construction, maintenance, or operation of
roadways on or within the public roads of this state as defined in paragraph
(24) of Code Section 32-1-3.
(12)
'Total permanent disability' means disability due to:
(A)
Loss of both eyes or blindness in both eyes with only light
perception;
(B)
Loss or loss of use of both hands;
(C)
Loss or loss of use of both legs;
(D)
Loss of a lower extremity or the residual effect of an organic disease or injury
which so affects the functions of balance or propulsion as to preclude
locomotion without resort to a wheelchair at all times; or
(E)
Organic brain damage.
45-9-82.
(a)
There is established a program to provide for indemnification with respect to
the:
(1)
Death of any law enforcement officer, firefighter, or prison guard who is or has
been killed in the line of duty subsequent to January 1, 1973;
(2)
Permanent disability of any law enforcement officer, firefighter, or prison
guard who is or has been permanently disabled in the line of duty subsequent to
January 1, 1973;
(3)
Death or permanent disability of any emergency medical technician who is killed
or permanently disabled or who has been killed or permanently disabled in the
line of duty subsequent to January 1, 1977;
(4)
Death or permanent disability of any emergency management rescue specialist who
is killed or permanently disabled on or after January 1, 1991; and
(5)
Death or permanent disability of any state highway employee who is killed or
permanently disabled in the line of duty on or after January 1,
1990.
(b)
Such program shall be administered by the department, subject to review by the
commission.
45-9-83.
There
is created the Georgia State Indemnification Commission which shall be composed
of the Governor, the executive director of the Peace Officer Standards and
Training Council, the executive director of the Georgia Firefighter Standards
and Training Council, the commissioner of public safety, the commissioner of
transportation, the commissioner of corrections, the commissioner of human
resources, one law enforcement officer who shall be a member of the Peace
Officers´ Association of Georgia appointed by the Governor from a list of
five candidates provided by such organization, and one firefighter who shall be
a member of the Georgia State Firemen´s Association appointed by the
Governor from a list of five candidates provided by such organization. The
Governor shall be the chairperson of the commission and the commission shall be
assigned to the department for administrative purposes. The commission shall
meet at least semiannually upon the call of the Governor.
45-9-84.
The
commission is authorized to consider appeals of decisions of the department to
correct errors made by the department in approving or denying any claim filed
pursuant to this article. The commission may modify or override the decision of
the department upon a showing of an error of material fact or an abuse of
discretion. The department and the commission shall be authorized to contact
other state agencies for the purpose of using the personnel and resources of
such agencies to assist the commission in carrying out its duties.
45-9-84.1.
There
is created a fund to be known as the Georgia State Indemnification Fund. The
custodian of the Georgia State Indemnification Fund shall be the department.
The department shall administer the Georgia State Indemnification Fund and shall
approve or deny claims for compensation filed pursuant to this article;
provided, however, that any decision of the department shall be subject to
review by the commission as provided in Code Section 45-9-84. Any amounts held
by the Georgia State Indemnification Fund which are available for investment
shall be paid over to the Office of Treasury and Fiscal Services. The director
of the Office of Treasury and Fiscal Services shall deposit such funds in a
trust account for credit only to the Georgia State Indemnification Fund. The
director of the Office of Treasury and Fiscal Services shall invest such funds
subject to the limitations of Code Section 50-5A-7 and Chapter 17 of Title 50.
All income derived from such investments shall accrue to the Georgia State
Indemnification Fund. When moneys are paid over to the Office of Treasury and
Fiscal Services, as provided in this Code section, the commissioner shall submit
an estimate of the date such funds shall no longer be available for investment.
When the commissioner wishes to withdraw funds from the trust account provided
for in this Code section, he or she shall submit a request for such withdrawal,
in writing, to the director of the Office of Treasury and Fiscal
Services.
45-9-84.2.
The
General Assembly is authorized to appropriate funds to be placed in the Georgia
State Indemnification Fund for the purpose of providing for indemnification with
respect to the death or disability of any law enforcement officer, firefighter,
or prison guard who is or has been killed or permanently disabled in the line of
duty subsequent to January 1, 1973, the death or disability of any emergency
medical technician who is killed or permanently disabled or has been killed or
permanently disabled in the line of duty subsequent to January 1, 1977, the
death or disability of any emergency management rescue specialist who is killed
or permanently disabled on or after January 1, 1991, and the death or disability
of any state highway employee who is or has been killed or permanently disabled
in the line of duty subsequent to January 1, 1990, as well as defraying the
expenses and costs incurred by the department and the commission in the
administration of this part. In addition, the department is authorized to
accept for deposit in the Georgia State Indemnification Fund any other funds
from any other source. All funds appropriated to the Georgia State
Indemnification Fund shall be presumptively concluded to have been committed to
the purpose for which they have been appropriated and shall not
lapse.
45-9-84.3.
The
department is authorized, subject to the limitations contained in this
part:
(1)
To pay the appropriate indemnification to the persons eligible for
indemnification under this part from the proceeds of the Georgia State
Indemnification Fund;
(2)
To make such payments as may be necessary to defray the expenses and costs
incurred by the department and the commission in administering this part;
and
(3)
With the approval of the commission, to utilize the resources of the Georgia
State Indemnification Fund to purchase insurance to provide for such
indemnification.
45-9-85.
(a)
Indemnification shall be paid under this article as follows:
(1)
In the case of a partial permanent disability suffered in the line of duty by a
law enforcement officer, firefighter, emergency medical technician, emergency
management rescue specialist, or prison guard, the eligible disabled person may
elect payment of $35,000.00 paid in equal monthly installments for five years or
a lump sum of such amount reduced to its present value upon the basis of
interest calculated at the rate of 6 percent per annum;
(2)
In the case of a partial permanent disability suffered in the line of duty by a
state highway employee, the eligible person may elect to receive a payment of
$12,000.00 paid in equal monthly installments for five years or a lump sum of
such amount reduced to its present value upon the basis of interest calculated
at the rate of 6 percent per annum;
(3)
In the case of a total permanent disability suffered in the line of duty by a
law enforcement officer, firefighter, emergency medical technician, emergency
management rescue specialist, or prison guard, the injured person may elect to
receive a payment of $75,000.00 paid in equal monthly installments for five
years or a lump sum of such amount reduced to its present value upon the basis
of interest calculated at the rate of 6 percent per annum;
(4)
In the case of a total permanent disability suffered in the line of duty by a
state highway employee, the eligible person may elect to receive a payment of
$25,000.00 paid in equal monthly installments for five years or a lump sum of
such amount reduced to its present value upon the basis of interest calculated
at the rate of 6 percent per annum;
(5)
In the case of death or organic brain damage suffered in the line of duty by a
law enforcement officer, firefighter, emergency medical technician, emergency
management specialist, or prison guard, payment shall be made to the surviving
unremarried spouse or the dependents of the spouse or deceased person as shown
in his or her most recent tax return or to the legal guardian of the organically
brain damaged person. The surviving unremarried spouse, dependents, or the
legal guardian may elect to receive payment in a lump sum payment of $100,000.00
paid in equal monthly installments for five years or a lump sum of such amount
reduced to its present value upon the basis of interest calculated at the rate
of 6 percent per annum; or
(6)
In the case of death or organic brain damage suffered in the line of duty by a
state highway employee, payment shall be made to the surviving unremarried
spouse or the dependents of the spouse or deceased person as shown in his or her
most recent tax return or to the legal guardian of the organically brain damaged
person. The surviving unremarried spouse, dependents, or the legal guardian may
elect to receive payment in a lump sum payment of $40,000.00 paid in equal
monthly installments for five years or a lump sum of such amount reduced to its
present value upon the basis of interest calculated at the rate of 6 percent per
annum.
(b)
After the department, or the commission upon review of a denial by the
department, determines that a law enforcement officer, firefighter, emergency
medical technician, emergency management rescue specialist, prison guard, or
state highway employee has suffered a total permanent disability, a partial
permanent disability, organic brain damage, or death in the line of duty, the
department shall be authorized to make the appropriate payments as provided in
subsection (a) of this Code section.
(c)
If the department denies a claim, any person seeking benefits pursuant to this
part may appeal the department´s decision to the commission. Any such
appeal shall be filed with the commission within 60 days of receipt of the
department´s decision and shall identify the errors in the
department´s decision. Appeals shall be considered by the commission at
the commission´s semiannual meeting as provided in Code Section
45-9-84.
45-9-86.
(a)
An application for indemnification with respect to a claim for total permanent
disability or partial permanent disability of a law enforcement officer,
firefighter, prison guard, emergency medical technician, emergency management
rescue specialist, or state highway employee shall be submitted by that person
unless the person is mentally incompetent, in which case the application may be
made on such person´s behalf by his or her legal guardian.
(b)
An application for indemnification with respect to a claim for the death of a
law enforcement officer, firefighter, prison guard, emergency medical
technician, emergency management rescue specialist, or state highway employee
shall be submitted by or on behalf of the surviving unremarried spouse or
dependents eligible under this part.
(c)
An application for indemnification with respect to death, organic brain damage,
total permanent disability, or partial permanent disability must be made within
24 months after the date of the incident giving rise to the death, organic brain
damage, or disability.
45-9-87.
It
is the intent of the General Assembly that indemnification paid pursuant to this
part shall not be taxable within this state for any purpose.
45-9-88.
(a)
No indemnification shall be awarded to any person otherwise entitled thereto who
violates a penal law of this state which violation caused or contributed to the
death or disability of the officer.
(b)
Notwithstanding any other provision of this article, no payment shall be
authorized if death, organic brain damage, total permanent disability, or
partial permanent disability occurs from suicide, intentionally self-inflicted
injuries, natural causes, or the performance of routine duties which would not
be considered strenuous or dangerous by a reasonable person; provided, however,
that this subsection shall not preclude the department or the commission from
considering competent, independent medical evidence as to whether a heart attack
that occurs shortly after fighting a fire was caused by the strain of fighting
the fire.
45-9-89.
The
commission shall annually file a report of its activities with the General
Assembly, which report shall include the amount of funds paid under the program
of indemnification. It shall also include a copy of each order providing for
payment or a summary of each such order giving all pertinent
details.
45-9-90.
(a)
Any person who shall knowingly give false information or false testimony causing
or intended to cause the payment of indemnification which would not otherwise be
justified under this part shall be guilty of a misdemeanor.
(b)
Any such person convicted under subsection (a) of this Code section shall be
liable to the state for any funds paid as a result of such false information or
testimony.
Part
2
45-9-100.
The
purpose of this part is to implement the constitutional amendment ratified
November 7, 2000, authorizing the General Assembly to provide a program of
compensation for law enforcement officers who become physically disabled, but
not permanently disabled, as a result of physical injury incurred in the line of
duty and caused by a willful act of violence and for firefighters who become
physically disabled, but not permanently disabled, as a result of physical
injury incurred in the line of duty while fighting a fire, which program shall
entitle an injured law enforcement officer or firefighter to receive monthly
compensation from the state in an amount equal to such person´s regular
compensation for the period of time that the law enforcement officer or
firefighter is physically unable to perform the duties of his or her employment,
not exceeding 12 months, and to provide certain exceptions and limitations with
respect to such program of compensation.
45-9-101.
As
used in this part, the term:
(1)
'Commission' means the Georgia State Indemnification Commission created in Code
Section 45-9-83.
(2)
'Department' means the Department of Administrative Services.
(3)
'Firefighter' means:
(A)
Any person who is employed as a professional firefighter on a full-time or
part-time basis by any municipal, county, or state government fire department
certified in writing by the Georgia Firefighter Standards and Training Council
pursuant to Code Section 25-3-22 employing three or more firefighters and who
has the responsibility of preventing and suppressing fires, protecting life and
property, enforcing municipal, county, and state fire prevention codes,
enforcing any law pertaining to the prevention and control of fires or who
performs any acts or actions while on duty or when responding to a fire or
emergency during any fire or other emergency or while performing duties intended
to protect life and property;
(B)
Any individual serving as an officially recognized or designated member of a
legally organized volunteer fire department certified in writing by the Georgia
Firefighter Standards and Training Council pursuant to Code Section 25-3-22 who
performs any acts or actions while on duty and when responding to a fire or
emergency during any fire or other emergency or while performing duties intended
to protect life and property; or
(C)
Any employee at the Georgia Forestry Commission whose job duties include fire
mitigation.
(4)
'Full-time' means an employee who regularly works 30 hours or more each
week.
(5)
'In the line of duty' means:
(A)
With respect to a volunteer firefighter, while on duty and performing duties
during any fire or other emergency or performing duties intended to protect life
and property; or
(B)
With respect to a law enforcement officer or firefighter, while on duty and
performing services for and receiving compensation from the law enforcement or
fire service agency which employs such officer or firefighter, while off duty
and responding to any situation which would save a life or preserve the peace,
or while preventing or attempting to prevent the commission of a crime or fire.
A law enforcement officer or firefighter who is performing duties for and
receiving compensation from a private employer at the time of such
officer´s or firefighter´s bodily injury, but not permanent
disability, shall not be considered in the line of duty if the officer or
firefighter is entitled to worker´s compensation benefits from the private
employer or the private employer´s insurer.
(6)
'Injured in the line of duty' means an injury which arises out of or in the
course of employment in the line of duty; or, with respect to a firefighter of a
legally organized volunteer fire department, such term means an injury while on
duty and when responding to a fire or emergency with the volunteer fire
department during any fire or other emergency or while performing duties
intended to protect life and property. Going to or from work shall not be
considered in the line of duty; and going to a legally organized volunteer fire
department to begin a service of duty or traveling from such a fire department
after duties have been completed or traveling from the scene of a fire,
emergency, or other location where duties were being performed and have been
completed shall not be considered in the line of duty.
(7)
'Law enforcement officer' means any agent or officer of this state, or a
political subdivision or municipality thereof, who, as a full-time or part-time
employee, is vested either expressly by law or by virtue of public employment or
service with authority to enforce the criminal or traffic laws and whose duties
include the preservation of public order, the protection of life and property,
or the prevention, detection, or investigation of crime. Such term also
includes the employees designated by the commissioner of juvenile justice of the
Department of Juvenile Justice pursuant to paragraph (2) of subsection (i) of
Code Section 49-4A-8, which employees have the duty to investigate and apprehend
delinquent and unruly children who have escaped from a facility under the
jurisdiction of the Department of Juvenile Justice or who have broken the
conditions of supervision. Such term also includes members of the Georgia
National Guard, the composition of which is set forth in Code Section 38-2-3,
who have been called into active state service by the Governor.
(8)
'Volunteer firefighter' means a person who is appointed and regularly enrolled
as a volunteer with a legally organized fire department; who, as a volunteer
firefighter, has and primarily performs the principal responsibility of
preventing or suppressing fires; and who satisfies the requirements specified in
subparagraph (a)(1)(D) of Code Section 25-3-23.
45-9-102.
(a)
Any law enforcement officer who becomes physically disabled, but not permanently
disabled, on or subsequent to July 1, 2001, as a result of a physical injury
incurred in the line of duty and caused by a willful act of violence committed
by a person other than a fellow employee shall be entitled to receive
compensation as provided in this Code section. Any firefighter who becomes
physically disabled, but not permanently disabled, on or subsequent to July 1,
2001, as a result of a physical injury incurred in the line of duty while
fighting a fire shall be entitled to receive compensation as provided in this
Code section. The compensation shall be paid to eligible applicants by the
commission from funds appropriated to the commission for such
purpose.
(b)
Except as otherwise provided in this part, any law enforcement officer or
firefighter injured in the line of duty as provided in subsection (a) of this
Code section shall receive monthly compensation from the department in an amount
equal to such person´s regular compensation for the period of time that the
law enforcement officer or firefighter is physically unable to perform the
duties of his or her employment; provided, however, that such benefits provided
pursuant to this Code section for injuries resulting from a single incident
shall not be granted for more than a total of 12 months. For purposes of this
subsection, the regular compensation of a volunteer firefighter covered under
subparagraph (2)(B) of Code Section 45-9-101 shall be deemed to be the Georgia
average weekly earnings of production workers in manufacturing industries for
the immediately preceding calendar year as published by the Georgia Department
of Labor. A law enforcement officer or firefighter shall be required to submit
to the department satisfactory evidence of such disability. A volunteer
firefighter shall not be considered disabled once he or she is able to perform
the duties of his or her regular employment or equivalent thereof.
(c)
Benefits made available under this Code section shall be subordinate to any
workers´ compensation benefits, disability and other compensation benefits
from the person´s employer which the law enforcement officer or firefighter
is awarded and shall be limited to the difference between the amount of
workers´ compensation benefits and other compensation benefits actually
paid and the amount of the law enforcement officer´s or firefighter´s
regular compensation; provided, however, that benefits shall never exceed the
person´s regular compensation minus the maximum weekly workers´
compensation benefit level for that person whether or not workers´
compensation is available. For the purposes of this subsection, the regular
compensation of a firefighter covered under subparagraph (2)(B) of Code Section
45-9-102 shall be deemed to be the Georgia average weekly earnings of production
workers in manufacturing industries for the immediately preceding calendar year
as published by the Georgia Department of Labor.
(d)
A law enforcement officer or firefighter who collects benefits pursuant to this
Code section shall not be entitled to any benefits under Code Section
45-7-9.
(e)
A law enforcement officer or firefighter who is disabled and who receives
indemnification under Part 1 of this article as a result of an incident shall
not be entitled to any compensation under this Code section for the disability
resulting from the same incident. A law enforcement officer or firefighter who
initially receives benefits under this Code section but who is determined
subsequently to be entitled to benefits under Part 1 of this article with
respect to the same incident or whose beneficiary is determined subsequently to
be entitled to benefits under Part 1 of this article shall be entitled only to
the amount equal to the benefits to which the person would be entitled under
Part 1 reduced by the total amount of benefits received under this Code
section.
(f)
After the department, or the commission upon review of a denial by the
department, determines that a law enforcement officer has been temporarily
disabled due to a willful act of violence or that a firefighter has been
temporarily disabled while fighting a fire and is entitled to indemnification
under this part, the department shall be authorized to make the appropriate
payments to the temporarily disabled law enforcement officer or
firefighter.
(g)
If the department denies a claim, any person seeking benefits pursuant to this
part may appeal the department´s decision to the commission. Any such
appeal shall be filed with the commission within 60 days of receipt of the
department´s decision and shall identify the errors in the
department´s decision. Appeals shall be considered by the commission at
the commission´s semiannual meeting as provided in Code Section
45-9-84.
45-9-103.
An application for compensation with respect to a claim filed on or after July
1, 2001, for the temporary disability of a law enforcement officer or
firefighter shall be submitted by that person within 60 days from the date of
the incident resulting in disability.
45-9-104.
(a)
No compensation shall be awarded to any person otherwise entitled thereto who
violates a penal law of this state which violation caused or contributed to the
disability of the law enforcement officer or firefighter.
(b)
Notwithstanding any other provision of this article, no payment shall be
authorized if disability occurs from intentionally self-inflicted injuries or
natural causes or while performing routine duties which would not be strenuous
or dangerous if performed by persons of average physical abilities.
45-9-105.
(a)
Any person who shall knowingly give false information or false testimony causing
or intending to cause the payment of compensation which would not otherwise be
justified under this part shall be guilty of a misdemeanor.
(b)
Any such person convicted under subsection (a) of this Code section shall be
liable to the state for any funds paid as a result of such false information or
testimony."
SECTION
2.
This
Act shall become effective on July 1, 2008, and shall apply to all incidents
occurring on or after that date.
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.