COMMITTEE SUBSTITUTE
FOR
H. B. 2801
(By Delegates Moye, Mahan, Kessler and Sumner)
(Originating in the Committee on Finance)
[February 8, 2007]
A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new chapter, designated §5H-1-1, §5H-1-2, and
§5H-1-3, all relating to providing a death benefit to the
families of firefighters and EMS personnel who are killed as
a result of an injury arising out of and in the course of
performance of official duties or arising out of any activity
on or off duty in the capacity of a firefighter or EMS
provider; establishing an effective date; and establishing the
processes to get the death benefits and the funding source.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new chapter, designated §5H-1-1, §5H-1-2,and
§5H-1-3, all to read as follows:
CHAPTER 5H. SURVIVOR BENEFITS.
ARTICLE 1. WEST VIRGINIA FIRE AND EMS SURVIVOR BENEFIT ACT.
§5H-1-1. Title and legislative intent.
(a) This article is known as the "West Virginia Fire and EMS
Survivor Benefit Act."
(b) It is the intent of the Legislature to provide for the
payment of death benefits to the surviving spouse, designated
beneficiary, children or parents of firefighters and EMS personnel
killed in the performance of their duties.
§5H-1-2. Death benefit for survivors.
(a) In the event a firefighter or EMS provider is killed in the
performance of his or her duties, the department chief, within
thirty days from the date of death shall submit certification of the
death to the Governor's office.
(b) This act includes both paid and volunteer fire and EMS
personnel acting in the performance of his or her duties of any fire
or EMS department certified by the State of West Virginia.
(c) A firefighter or EMS provider is considered to be acting
in the performance of his or her duties for the purposes of this act
when he or she is participating in any role of a fire or EMS
department function. This includes training, administration
meetings, fire or EMS incidents, service calls, apparatus, equipment
or station maintenance, fundraisers and travel to or from such
functions.
(d) Travel includes riding upon any apparatus which is owned
or used by the fire or EMS department, or any other vehicle going
to or directly returning from a firefighter's home, place of
business or other place where he or she shall have been prior to
participating in a fire or EMS department function or upon the authorization of the chief of the department or other person in
charge.
(e) Certification shall include the name of the certified fire
or EMS program, the name of the deceased firefighter or EMS
provider, the name and address of the beneficiary and the
circumstances that qualify the deceased individual for death
benefits under this act. Upon receipt of the certification from
the certified fire or EMS program, the state shall, from moneys from
the Governor's civil contingent fund pursuant to section eighteen,
article one, chapter five of this code, pay to the certified fire
or EMS program the sum of fifty thousand dollars in the name of the
beneficiary of the death benefit. Within five days of receipt of
this sum from the state, the fire or EMS program certified by the
state shall pay the sum as a benefit to the surviving spouse, or
designated beneficiary. If there is no surviving spouse or
designated beneficiary, to the minor children of the firefighter or
EMS provider killed in the performance of duty. When no spouse,
designated beneficiary, or minor children survive, the benefit shall
be paid to the parent or parents of the firefighter or EMS provider.
It is the responsibility of the certified fire or EMS program to
document the surviving spouse or beneficiary for purposes of
reporting to the Governor's office.
(f) Any death ruled by a physician to be a result of an injury
sustained during any of the above mentioned performance of fire
department duties will be eligible for this benefit, even if this
death occurs at a later time.
(g) Those individuals who are both fire fighters and EMS
personnel are eligible for only one death benefit payment.
§5H-1-3. Effective Date
The effective date for this act is the first day of January,
two thousand seven.
Email
Webmaster | © 2024 West Virginia Legislature **
