11 LC 35 2199S
(SCS)
Senate
Bill 155
By:
Senators Albers of the 56th, Mullis of the 53rd, Goggans of the 7th and Murphy
of the 27th
AS
PASSED SENATE
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 the Georgia State Indemnification Fund, so as to
provide a short title; to revise provisions relating to indemnification payments
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; to provide for duties of the Georgia
State Indemnification Commission; 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.
This
Act shall be known and may be cited as the "Jarrett Little Act."
SECTION
2.
Part
1 of Article 5 of Chapter 9 of Title 45 of the Official Code of Georgia
Annotated, relating to the Georgia State Indemnification Fund, is amended by
revising paragraph (5) of subsection (a) of Code Section 45-9-85, relating to
payment of indemnification for death or disability, as follows:
"(5)(A)
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:
(i)
The deceased's spouse;
(ii)
In the event there is no surviving spouse, to the deceased's dependent children;
and
(iii)
In the event there is no surviving spouse or dependent children of the deceased,
equally to such other surviving dependents of the deceased, including his or her
dependent parents and siblings.
(B)
In the case of 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 legal guardian of the organically
brain damaged person.
A
person entitled to payment under this
paragraph
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. For
purposes of this paragraph, the term 'dependent' shall have such meaning as
shall be established by the rules and regulations of the department subject to
the approval of the commission;
or"
SECTION
3.
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
4.
All
laws and parts of laws in conflict with this Act are repealed.