Bill Text: MI SB0218 | 2015-2016 | 98th Legislature | Engrossed
Bill Title: Public employees and officers; compensation and benefits; survivor health benefits for certain public safety officers killed in the line of duty; provide for surviving spouse and dependents. Amends title & sec. 2 of 2004 PA 46 (MCL 28.632) & adds sec. 4a.
Spectrum: Slight Partisan Bill (Republican 26-10)
Status: (Passed) 2016-10-20 - Ordered Enrolled Out Of Session [SB0218 Detail]
Download: Michigan-2015-SB0218-Engrossed.html
SB0218, As Passed House, Sep, 14, 2016
HOUSE SUBSTITUTE FOR
SENATE BILL NO. 218
A bill to amend 2004 PA 46, entitled
"Public safety officers benefit act,"
by amending the title and section 2 (MCL 28.632) and by adding
section 4a.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
TITLE
An act to provide compensation and other benefits to
dependents of public safety officers who are killed or who are
permanently and totally disabled in the line of duty; to create the
public safety officers benefit fund; to prescribe the duties and
responsibilities of certain state officers; and to make an
appropriation.
Sec. 2. As used in this act:
(a) "Commission" means the commission on law enforcement
standards created under the commission on law enforcement standards
act, 1965 PA 203, MCL 28.601 to 28.616.
(b) "Dependent" means any individual who was substantially
reliant for support upon the income of the deceased public safety
officer.
(c) "Direct and proximate" means that the antecedent event is
a substantial factor in the result.
(d) "Firefighter" means a regularly employed member of a fire
department of a city, county, township, village, state university,
or community college or any authority, district, board, or other
entity created in whole or in part by 1 or more cities, counties,
villages, or townships, or a member of the department of natural
resources who is employed to fight fires. Firefighter includes a
volunteer member of a fire department.
(e) "Law enforcement officer" means an individual involved in
crime and juvenile delinquency control or reduction or enforcement
of the criminal law. Law enforcement officer includes police,
corrections, probation, parole, bailiffs, or other similar court
officers.
(f) "Line of duty" means either of the following:
(i) Any action which an officer whose primary function is
crime control or reduction, enforcement of the criminal law, or
suppression of fires is obligated or authorized by rule,
regulations, condition of employment or service, or law to perform,
including those social, ceremonial, or athletic functions to which
the officer is assigned, or for which the officer is compensated,
by the public agency he or she serves. For other officers, line of
duty means any action the officer is so obligated or authorized to
perform in the course or controlling or reducing crime, enforcing
the criminal law, or suppressing fires.
(ii) Any action which an officially recognized or designated
public employee member of a rescue squad or ambulance crew is
obligated or authorized by rule, regulation, condition of
employment or service, or law to perform.
(g) "Medical benefit plan" means a plan to provide for the
payment of medical, optical, or dental benefits, including, but not
limited to, hospital and physician services, prescription drugs,
and related benefits.
(h) (g)
"Member of a rescue squad or
ambulance crew" means an
emergency medical technician, a medical first responder, or a
paramedic, as those terms are defined in sections 20904, 20906, and
20908 of the public health code, 1978 PA 368, MCL 333.20904,
333.20906, and 333.20908, or an officially recognized or designated
employee or volunteer member of a rescue squad or ambulance crew.
(i) (h)
"Permanent and total
disability" means medically
determinable consequences of a catastrophic, line-of-duty injury
that permanently prevent a former public safety officer from
performing any gainful work.
(j) (i)
"Public safety officer" or "officer" means any
individual serving a public agency or any authority, district,
board, or other entity created in whole or in part by 1 or more
cities, counties, villages, or townships, in an official capacity,
with or without compensation, as a law enforcement officer,
firefighter,
rescue squad member, or ambulance crew member.or
member of a rescue squad or ambulance crew.
(k) (j)
"Surviving spouse" means
the husband or wife of the
deceased officer at the time of the officer's death, and includes a
spouse living apart from the officer at the time of the officer's
death for any reason.
Sec. 4a. (1) If a public safety officer dies as a direct and
proximate result of a personal injury sustained in the line of duty
on or after the effective date of the amendatory act that added
this section, this state, upon notice to the office of retirement
services from the public agency or entity the officer served, and
subject to appropriation, shall provide to the decedent's surviving
spouse and dependent children a comparable medical benefit plan on
comparable terms to the medical benefit plan offered to Michigan
state police trooper retirees, including any change to the medical
benefit plan after the public safety officer's death. Coverage for
a surviving spouse or dependent child under this section is not
required to be provided for more than 60 months after the public
safety officer's death. Coverage under this section is not required
to be provided during any period during which the surviving spouse
or dependent child, respectively, has qualified for and is covered
by a medical benefit plan from another source. Coverage provided
under this section ends for a surviving spouse upon Medicare
eligibility. Coverage for a dependent child is not required to be
provided under this section after the limiting age for a dependent
child or another terminating event that is provided in the medical
benefit plan for Michigan state police trooper retirees. However,
if 42 USC 300gg-14 requires that dependent child eligibility be
applied more broadly, this state shall make the coverage available
in compliance with that law.
(2) This section does not require this state to provide
medical benefits to a surviving spouse or dependent child who, as a
result of the public safety officer's death and independent of this
section, would receive benefits under a medical benefit plan
through a retirement system administered by this state.
(3) In a manner determined by the office of retirement
services, the office of retirement services shall administer
benefits provided under this section as part of the Michigan state
police trooper retiree medical benefit plan and may coordinate the
funding or prefunding of those benefits. The office of retirement
services shall determine, at its sole discretion, if a medical
benefit plan is comparable and offered on comparable terms to the
medical benefit plan offered to Michigan state police trooper
retirees for purposes of determining the medical benefit plan that
will be offered under this section.
(4) For purposes of this section, "dependent child" means any
of the following dependents with respect to the deceased public
safety officer:
(a) His or her unmarried natural or adopted child.
(b) A child lawfully placed for adoption with the public
safety officer.
(c) His or her stepchild.
(d) A child under the age of 18 if full legal guardianship was
awarded to the public safety officer.
(5) If a dependent child of a deceased public safety officer
is receiving coverage under this section, a child of the dependent
child is not also a dependent child for purposes of this section.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.
