House Bill 105 (AS PASSED HOUSE AND SENATE)
By: Representatives Wade of the 9th, Gambill of the 15th, Hong of the 103rd, McDonald III
of the 26th, Erwin of the 32nd, and others
A BILL TO BE ENTITLED
AN ACT
To amend Article 1 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated,
relating to general provisions of workers' compensation, so as to require the State Board of
Workers' Compensation to notify the Department of Administrative Services when the board
has reasonable cause to believe that an injured worker is an eligible peace officer; to provide
for a definition; to amend Chapter 1 of Title 35 of the Official Code of Georgia Annotated,
relating to general provisions of law enforcement officers and agencies, so as to require a
certain notification to certain peace officers who become disabled in the line of duty under
certain circumstances; to provide for a definition; to amend Code Section 45-9-78 of the
Official Code of Georgia Annotated, relating to payment of indemnification for death or
disability generally, designation of method of payment, and procedure for making payments,
so as to increase the indemnification award of certain state public school personnel in the
event of death; to provide for a short title; to provide for related matters; to provide for an
effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
This Act shall be known and may be cited as the "Daniel D. Podsiadly, Jr. Act."
SECTION 2.
Article 1 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to
general provisions of workers' compensation, is amended by adding a new Code section to
read as follows:
<ins>"34-9-26.
(a) As used in this Code section, the term 'eligible peace officer' means any individual who
is employed on a full-time or part-time basis by the state or any municipality, county, or
other political subdivision thereof; who is required by the terms of such employment,
whether by election or appointment, to maintain public order or to make arrests for all
criminal offenses; who is required by the terms of such employment to comply with the
requirements of the 'Georgia Peace Officer Standards and Training Act' contained in
Chapter 8 of Title 35; and who suffers permanent or temporary disability in the line of duty
due to a direct interaction with a criminal suspect, arrestee, or inmate.
(b) In the event that the State Board of Workers' Compensation has reasonable cause to
believe that an injured employee is an eligible peace officer, the board shall notify the
Department of Administrative Services. Additionally, the board shall notify the injured
employee of such belief and such notification shall include such appropriate contact
information of the Georgia State Indemnification Fund and the temporary disability
compensation program of Parts 1 and 2, respectively, of Article 5 of Chapter 9 of Title 45
and other information as shall be determined necessary by the Department of
Administrative Services through the promulgation of rules and regulations."
</ins> SECTION 3.
Chapter 1 of Title 35 of the Official Code of Georgia Annotated, relating to general
provisions of law enforcement officers and agencies, is amended by adding a new Code
section to read as follows:
<ins>"35-1-24.
(a) As used in this Code section, the term 'eligible peace officer' means any individual who
is employed on a full-time or part-time basis by the state or any municipality, county, or
other political subdivision thereof; who is required by the terms of such employment,
whether by election or appointment, to maintain public order or to make arrests for all
criminal offenses; who is required by the terms of such employment to comply with the
requirements of the 'Georgia Peace Officer Standards and Training Act' contained in
Chapter 8 of this title; and who suffers permanent or temporary disability in the line of duty
due to a direct interaction with a criminal suspect, arrestee, or inmate.
(b) Each law enforcement agency of this state shall notify every employee whom such
agency has reasonable cause to believe may be an eligible peace officer of the existence
of the Georgia State Indemnification Fund and the temporary disability compensation
program of Parts 1 and 2, respectively, of Article 5 of Chapter 9 of Title 45. Such
notification shall be given within ten days of such employee suffering an injury which may
reasonably cause such employee to suffer a permanent or temporary disability.
Additionally, such notification shall include such appropriate contact and other information
as shall be determined necessary by the Department of Administrative Services through the
promulgation of rules and regulations."
</ins> SECTION 4.
Code Section 45-9-78 of the Official Code of Georgia Annotated, relating to payment of
indemnification for death or disability generally, designation of method of payment, and
procedure for making payments, is amended by revising subsection (b) as follows:
"(b) For any compensable claim filed under this article, payment shall be made as follows:
(1) In the case of permanent disability, the eligible disabled person pursuant to this
article may elect payment of $75,000.00 in equal installments over a period of five years
or a payment in lump sum which shall consist of $75,000.00 reduced to its present value
upon the basis of interest calculated at the rate of 6 percent per annum; and
(2) In the case of death, payment shall be made to the estate of a person who is eligible
for indemnification under this article as follows: the executor or administrator may elect
payment of <del>$75,000.00</del> <ins>$150,000.00</ins> in equal installments over a period of five years or
a payment in lump sum which shall consist of <del>$75,000.00</del> $150,000.00 reduced to its
present value upon the basis of interest calculated at the rate of 6 percent per annum."
SECTION 5.
This Act shall become effective upon its approval by the Governor or upon its becoming law
without such approval.
SECTION 6.
All laws and parts of laws in conflict with this Act are repealed.