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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY B. BOYLE, K. BOYLE, CALTAGIRONE, DALEY, DAVIS, DeLUCA, FABRIZIO, FREEMAN, GEORGE, GIBBONS, GOODMAN, HARKINS, HENNESSEY, JOSEPHS, KULA, MAHONEY, McGEEHAN, MICOZZIE, MIRABITO AND SABATINA, AUGUST 22, 2011 |
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| REFERRED TO COMMITTEE ON VETERANS AFFAIRS AND EMERGENCY PREPAREDNESS, AUGUST 22, 2011 |
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| AN ACT |
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1 | Amending the act of June 24, 1976 (P.L.424, No.101), entitled, |
2 | as amended, "An act providing for the payment of death |
3 | benefits to the surviving spouse or children or parents of |
4 | firefighters, ambulance service or rescue squad members, law |
5 | enforcement officers or National Guard members who die as a |
6 | result of the performance of their duties," amending the |
7 | title of the act; further providing for authority for |
8 | payment; adding a definition of "natural gas responder"; and |
9 | further providing for construction of act. |
10 | The General Assembly of the Commonwealth of Pennsylvania |
11 | hereby enacts as follows: |
12 | Section 1. The title of the act of June 24, 1976 (P.L.424, |
13 | No.101), referred to as the Emergency and Law Enforcement |
14 | Personnel Death Benefits Act, amended October 6, 2005 (P.L.319, |
15 | No.59), is amended to read: |
16 | AN ACT |
17 | Providing for the payment of death benefits to the surviving |
18 | spouse or children or parents of firefighters, ambulance |
19 | service or rescue squad members, law enforcement officers |
20 | [or], National Guard members or natural gas responders who |
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1 | die as a result of the performance of their duties. |
2 | Section 2. Section 1(a) and (e) of the act, amended October |
3 | 9, 2009 (P.L.588, No.51), are amended and the section is amended |
4 | by adding a subsection to read: |
5 | Section 1. (a) In the event a law enforcement officer, |
6 | ambulance service or rescue squad member, firefighter, certified |
7 | hazardous material response team member [or], National Guard |
8 | member or natural gas responder dies as a result of the |
9 | performance of his duties, such political subdivision, |
10 | Commonwealth agency or, in the case of National Guard members, |
11 | the Adjutant General, or, in the case of a member of a |
12 | Commonwealth law enforcement agency, the authorized survivor |
13 | [or], the agency head or, in the case of a natural gas |
14 | responder, the employer or authorized survivor, within 90 days |
15 | from the date of death, shall submit certification of such death |
16 | to the Commonwealth. |
17 | * * * |
18 | (e) The Commonwealth of Pennsylvania shall pay out of the |
19 | General Fund to the surviving spouse or, if there is no |
20 | surviving spouse, the minor children of a National Guard member, |
21 | natural gas responder, certified hazardous material response |
22 | team member, volunteer firefighter, ambulance service or rescue |
23 | squad member who died as a result of the performance of his |
24 | duties the sum of $100,000, adjusted in accordance with |
25 | subsection (f) of this section. When no spouse or minor children |
26 | survive, the benefit shall be paid to the parent or parents of |
27 | such National Guard member, natural gas responder, certified |
28 | hazardous material response team member, volunteer firefighter, |
29 | ambulance service or rescue squad member. The benefit shall be |
30 | payable whether or not the National Guard member, natural gas |
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1 | responder or certified hazardous material response team member, |
2 | volunteer firefighter, ambulance service or rescue squad member |
3 | died as a result of the performance of his duty within the |
4 | Commonwealth of Pennsylvania. |
5 | * * * |
6 | (h) A natural gas responder shall be deemed to be acting in |
7 | the performance of his duties for the purposes of this act when: |
8 | (1) the natural gas responder was requested by his |
9 | employer to respond to a natural gas release or safety event; |
10 | and |
11 | (2) the natural gas responder dies as a direct result of |
12 | an injury caused by the natural gas release or safety event. |
13 | Section 3. Section 2 of the act is amended by adding a |
14 | definition to read: |
15 | Section 2. The following words and phrases when used in this |
16 | act shall have the meanings given to them in this section unless |
17 | the context clearly indicates otherwise: |
18 | * * * |
19 | "Natural gas responder" means an employee of a city natural |
20 | gas distribution operation as defined in 66 Pa.C.S. § 102 |
21 | (relating to definitions) who responds to actual or potential |
22 | natural gas releases or safety events that pose threats to lives |
23 | or property. |
24 | * * * |
25 | Section 4. Section 2.1 of the act, amended April 2, 2002 |
26 | (P.L.213, No.20), is amended to read: |
27 | Section 2.1. This act shall be broadly construed to grant |
28 | benefits to firefighters, ambulance service or rescue squad |
29 | members, law enforcement officers [or], National Guard personnel |
30 | or natural gas responders for deaths related to the performance |
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1 | of their duties. |
2 | Section 5. A death certificate of an eligible natural gas |
3 | responder who died as a result of the performance of his duties |
4 | on or after December 31, 2010, but prior to the effective date |
5 | of this section, shall be deemed timely filed in accordance with |
6 | section 1(a) of the act if it is submitted with 90 days of the |
7 | effective date of this section. |
8 | Section 6. This act shall take effect immediately. |
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