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S.B. 838
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VETOES
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(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 [(c)] (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 INDIVDUAL, 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;
(II) THE INDIVIDUAL DIED AS A RESULT OF A HEART ATTACK OR
STROKE THAT THE INDIVIDUAL SUFFERED:
1. WHILE ENGAGING OR PARTICIPATING IN AN ACTIVITY
DESCRIBED IN ITEM (I)1 OR 2 OF THIS PARAGRAPH;
2. WHILE STILL ON DUTY AFTER ENGAGING OR
PARTICIPATING IN AN ACTIVITY DESCRIBED IN ITEM (I)1 OR 2 OF THIS PARAGRAPH;
OR
3. NOT LATER THAN 24 HOURS AFTER ENGAGING OR
PARTICIPATING IN AN ACTIVITY DESCRIBED IN ITEM (I)1 OR 2 OF THIS PARAGRAPH;
AND
(III) THE PRESUMPTION IS NOT OVERCOME BY COMPETENT
MEDICAL EVIDENCE TO THE CONTRARY.
(2) FOR PURPOSES OF PARAGRAPH (1) OF THIS SUBSECTION,
NONROUTINE STRESSFUL OR STRENUOUS PHYSICAL ACTIVITY DOES NOT INCLUDE
ACTIONS OF A CLERICAL, ADMINISTRATIVE, OR.NONMANUAL NATURE.
(D) (1) Reasonable funeral expenses, not exceeding $10,000, shall be paid to
the surviving spouse, child, parent, or estate of each of the following individuals who
is killed or dies in the performance of duties:
(i) a law enforcement officer;
(ii) a correctional officer;
- 3940 -
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