Text: SF02201 Text: SF02203 Text: SF02200 - SF02299 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. Section 411.6, Code 1999, is amended by adding the
1 2 following new subsection:
1 3 NEW SUBSECTION. 14. LINE OF DUTY DEATH BENEFIT.
1 4 a. If, upon the receipt of evidence and proof from the
1 5 chief of the police or fire department that the death of a
1 6 member in service was the direct and proximate result of a
1 7 traumatic personal injury incurred in the line of duty, the
1 8 system decides that death was so caused, there shall be paid,
1 9 in addition to any accidental death benefits provided in
1 10 subsection 9, to the member's estate or to such person having
1 11 an insurable interest in the member's life as the member has
1 12 nominated by written designation duly executed and filed with
1 13 the system, the amount of one hundred thousand dollars, which
1 14 shall be payable in a lump sum.
1 15 b. A line of duty death benefit shall not be payable under
1 16 this subsection if any of the following applies:
1 17 (1) The death resulted from stress, strain, occupational
1 18 illness, or a chronic, progressive, or congenital illness,
1 19 including, but not limited to, a disease of the heart, lungs,
1 20 or respiratory system, unless a traumatic personal injury was
1 21 a substantial contributing factor to the member's death.
1 22 (2) The death was caused by the intentional misconduct of
1 23 the member or by the member's intent to cause the member's own
1 24 death.
1 25 (3) The member was voluntarily intoxicated at the time of
1 26 death.
1 27 (4) The member was performing the member's duties in a
1 28 grossly negligent manner at the time of death.
1 29 (5) An individual who would otherwise be entitled to a
1 30 benefit under this subsection was, through the individual's
1 31 actions, a substantial contributing factor to the member's
1 32 death.
1 33 Sec. 2. RETROACTIVE APPLICABILITY. This Act applies
1 34 retroactively to any traumatic personal injury occurring on or
1 35 after January 1, 1992, which causes death, as described in
2 1 section 1 of this Act.
2 2 Sec. 3. EFFECTIVE DATE. This Act, being deemed of
2 3 immediate importance, takes effect upon enactment.
2 4 EXPLANATION
2 5 This bill provides for a $100,000 lump sum payment to the
2 6 estate or designated person with an insurable interest of a
2 7 member in service covered by the municipal fire and police
2 8 retirement system who dies as a result of a traumatic personal
2 9 injury incurred in the line of duty. The benefit is in
2 10 addition to the benefit currently provided for an accidental
2 11 death while in the performance of duty. The bill takes effect
2 12 upon enactment and applies retroactively to traumatic injuries
2 13 causing death occurring on and after January 1, 1992.
2 14 LSB 5628SS 78
2 15 ec/cf/24.1
Text: SF02201 Text: SF02203 Text: SF02200 - SF02299 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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