10 HB
827/AP
House
Bill 827 (AS PASSED HOUSE AND SENATE)
By:
Representative Sims of the
169th
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 Annotated, relating to Georgia State Indemnification Fund, so as to
provide that, 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, state highway employee, or prison guard, if
such person does not have an unremarried spouse or dependents, the
indemnification payment shall be made to the parents or siblings of such person;
to provide for related matters; 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.
Part
1 of Article 5 of Chapter 9 of Title 45 of the Official Code of Georgia
Annotated, relating to Georgia State Indemnification Fund, is amended in Code
Section 45-9-85, relating to payment of indemnification for death or disability,
procedure for making of payments, and appeal, by revising subsection (a) as
follows:
"(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,
state highway
employee, 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)(2)
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,
state highway
employee, 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;
or
(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)(3)
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,
state highway
employee, 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, to
such person's dependent parents if such person does not have an unremarried
spouse or dependents, to his or her surviving dependent siblings if such person
has no surviving parents, or to the legal
guardian of the organically brain damaged person. The surviving unremarried
spouse, dependents,
parents,
siblings, 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."
SECTION
2.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval and shall apply to all claims filed or
pending on and after such date.
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.