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H.B. 1722 VETOES
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(iv) actively participating in the ambulance, advanced life support,
or rescue work of an advanced life support unit or a fire, ambulance, or rescue
company, including going to or from an emergency or rescue; and
(v) providing emergency or rescue assistance, whether acting alone
or at the direction of or with a fire, ambulance, or rescue company or advanced life
support unit.
(6) "Stepchild" means a child of the surviving spouse who was living with
or dependent for support on the decedent at the time of the decedent's death.
(b) (1) Subject to subsection (c) of this section and paragraph (2) of this
subsection, a death benefit of [$50,000] $125,000 shall be paid to the surviving spouse,
child, dependent parent, or estate of each of the following individuals who is killed or
dies in the performance of duties on or after July JANUARY 1, [1989] 2007 2006:
(i) a law enforcement officer;
(ii) a correctional officer;
(iii) a volunteer or career firefighter or rescue squad member; or
(iv) a sworn member of the office of State Fire Marshal.
(2) For fiscal year [1999] 2009, and for each following fiscal year, the
death benefit provided in the prior fiscal year shall be adjusted by any change in the
calendar year preceding the fiscal year in the Consumer Price Index (all urban
customers - United States city average - all items), as published by the United States
Bureau of Labor Statistics.
(3) A death benefit under this subsection is in addition to:
(i) any workers' compensation benefits;
(ii) the proceeds of any form of life insurance, regardless of who
paid the premiums on the insurance; and
(iii) the funeral benefit provided under subsection (d) of this section.
(c) (1) Whenever an individual identified in subsection (b)(1)(i) through (iv)
of this section dies as the direct and proximate result of a heart attack or stroke, the
individual shall be presumed to have died as a direct and proximate result of a
personal injury sustained in the performance of duties if:
(i) the individual, while on duty:
1. engaged in a situation that involved nonroutine stressful
or strenuous physical law enforcement, fire suppression, rescue, hazardous material
response, emergency medical services, prison security, disaster relief, or other
emergency response activity; or
2. participated in a training exercise that involved
nonroutine stressful or strenuous physical activity;
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