1. There is appropriated annually from the general fund of the state to the department of revenue and finance an amount sufficient to pay death benefit claims under this section. The director of revenue and finance shall issue warrants for payment of death benefit claims approved for payment by the department of public safety under subsection 2.
2. a. If the department of public safety determines, upon the receipt of evidence and proof from the fire chief or supervising officer, that the death of a volunteer emergency services provider was the direct and proximate result of a traumatic personal injury incurred in the line of duty as a volunteer, a line of duty death benefit in an amount of one hundred thousand dollars shall be paid in a lump sum to the volunteer emergency services provider's beneficiary. A line of duty death benefit payable under this subsection shall be in addition to any other death benefit payable to the volunteer emergency services provider.
b. A line of duty death benefit shall not be payable under this subsection if any of the following applies:
(1) The death resulted from stress, strain, occupational illness, or a chronic, progressive, or congenital illness, including, but not limited to, a disease of the heart, lungs, or respiratory system, unless a traumatic personal injury was a substantial contributing factor to the volunteer emergency services provider's death.
(2) The death was caused by the intentional misconduct of the volunteer emergency services provider or by such provider's intent to cause the provider's own death.
(3) The volunteer emergency services provider was voluntarily intoxicated at the time of death.
(4) The volunteer emergency services provider was performing the provider's duties in a grossly negligent manner at the time of death.
(5) A beneficiary who would otherwise be entitled to a benefit under this subsection was, through the beneficiary's actions, a substantial contributing factor to the volunteer emergency services provider's death.
3. For purposes of this section, "volunteer emergency services provider" means a volunteer fire fighter as defined in section 85.61 or a volunteer emergency medical care provider or volunteer emergency rescue technician defined in section 147A.1 who is not covered as a volunteer emergency services provider under chapter 97A, 97B, or 411.
2000 Acts, ch 1232, §97
Referred to in § 80.9
For legislative intent and future repeal of this section effective July 1, 2002, see 2000 Acts, ch 1232, §98
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