Senate Bill 56
By: Senators Anavitarte of the 31st, Albers of the 56th, Robertson of the 29th, Kennedy of
the 18th, Gooch of the 51st and others
AS PASSED
A BILL TO BE ENTITLED
AN ACT
To amend Part 1 of Article 5 of Chapter 9 of Title 45 of the Official Code of Georgia
Annotated, relating to Georgia State Indemnification Fund, so as to authorize the Department
of Administrative Services to purchase annuities for the payment of indemnification claims;
to provide for qualification standards for indemnification claims relating to certain deaths of
public safety officers related to COVID-19; to provide for timing requirements for
application of such indemnification claims; to provide for definitions; to provide for
conforming changes; to provide for related matters; to repeal conflicting laws; and for other
purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Part 1 of Article 5 of Chapter 9 of Title 45 of the Official Code of Georgia Annotated,
relating to Georgia State Indemnification Fund, is amended by revising Code
Section 45-9-85, relating to payment of indemnification for death or disability, procedure for
making payments, and appeal, as follows:
"45-9-85.
(a) As used in this Code section, the term:
<ins>(1) 'COVID-19' means severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2),
and any mutation or viral fragments thereof, or any disease or condition caused by severe
acute respiratory syndrome coronavirus 2 (SARS-CoV-2).
</ins> <del>(1)(2)</del> 'Nonroutine stressful or strenuous physical activity' means actions that are not
clerical, administrative, or nonmanual in nature.
<del>(2)(3)</del> 'Public safety officer' means a law enforcement officer, firefighter, emergency
medical technician, emergency management rescue specialist, state highway employee,
or prison guard.
<del>(3)(4)</del> 'Work related activity' means, while in the line of duty:
(A) Engaging in a situation involving nonroutine stressful or strenuous physical
activity related to law enforcement, fire suppression, rescue, hazardous material
response, emergency medical services, prison or jail security, disaster relief, or any
other emergency response; or
(B) Participating in a training exercise involving nonroutine stressful or strenuous
physical activity.
(b) Indemnification shall be paid under this <del>article</del> <ins>part</ins> as follows:
(1) In the case of a partial permanent disability suffered <del>in the line of duty</del> by a public
safety officer <ins>while in the line of duty,</ins> the eligible disabled person may elect <ins>to receive
a</ins> payment of $35,000.00 paid in equal monthly installments for five years or a lump sum
of such amount reduced to its present value upon the basis of interest calculated at the
rate of 6 percent per annum;
(2) In the case of a total permanent disability suffered <del>in the line of duty</del> by a public
safety officer <ins>while in the line of duty,</ins> the <del>injured</del> <ins>eligible disabled</ins> person may elect to
receive a payment of $75,000.00 paid in equal monthly installments for five years or a
lump sum of such amount reduced to its present value upon the basis of interest
calculated at the rate of 6 percent per annum;
(3)(A) In the case of death suffered <del>in the line of duty</del> by a public safety officer <ins>while
in the line of duty,</ins> payment shall be made to:
(i) The surviving unremarried spouse;
(ii) The surviving children who are under the age of 19 or, if a student enrolled in an
institution of postsecondary education at the time of such death, under the age of 24;
or
(iii) Individuals not otherwise provided for under this subparagraph who are the
dependents of the spouse or deceased person as shown in the spouse's or deceased
person's most recent tax return.
(B) In the case of organic brain damage suffered <del>in the line of duty</del> by a public safety
officer <ins>while in the line of duty,</ins> payment shall be made to the legal guardian of the
organically brain damaged person.
(C) The surviving unremarried spouse, dependents, or the legal guardian <ins>who qualified
for indemnification payment pursuant to this paragraph</ins> may elect to receive <ins>a</ins> payment
<del>in a lump sum payment</del> of $150,000.00 paid in equal monthly installments for five
years or a lump sum of such amount reduced to its present value upon the basis of
interest calculated at the rate of 6 percent per annum; <del>or.
</del> <ins>(c)(1) After the department, or the commission upon review of a denial by the
department, determines that a public safety officer suffered a total permanent disability,
a partial permanent disability, organic brain damage, or death while in the line of duty,
the department shall be authorized to make the appropriate payments as provided in
subsection (b) of this Code section. The department shall be authorized to purchase
annuities to fund payments issued pursuant to this part.
(2) The department shall consider a</ins> <del>A</del> heart attack, stroke, or vascular rupture suffered
by a public safety officer <del>shall be presumed to qualify such public safety officer under
this subsection</del> <ins>to have occurred while in the line of duty</ins> if the heart attack, stroke, or
vascular rupture:
(A) Commenced:
(i) While such public safety officer was performing work related activity;
(ii) While such public safety officer was on duty after performing work related
activity; or
(iii) Not later than 24 hours after performing work related activity; and
(B) Directly or proximately resulted in the death or partial or permanent disability of
the public safety officer, unless competent medical evidence established that the heart
attack, stroke, or vascular rupture was not related to the work related activity or was
directly or proximately caused by something other than the mere presence of
cardiovascular disease risk factors.
<ins>(3) Unless competent medical evidence establishes that the death of a public safety
officer was directly or proximately caused by something other than COVID-19, the
department shall consider the death of a public safety officer related to COVID-19 that
occurred on or before April 15, 2022, to have occurred while in the line of duty if:
(A) The public safety officer was diagnosed with COVID-19, or evidence indicates the
officer had COVID-19, within 14 days of such public safety officer's last day of duty;
(B) The evidence indicates that the public safety officer had COVID-19 or
complications therefrom at the time of death; and
(C) No indemnification claim has been paid by the department pursuant to this part.
</ins> <del>(c) After the department, or the commissioner or his or her designee upon review of a
denial by the department, determines that a public safety officer has suffered a total
permanent disability, a partial permanent disability, organic brain damage, or death in the
line of duty, the department shall be authorized to make the appropriate payments as
provided in subsection (b) of this Code section.
</del> (d) If the department denies a claim, any person seeking benefits pursuant to this part may
appeal the department's decision to the commissioner or his or her designee. Any such
appeal shall be filed with the commissioner or his or her designee within 60 days of receipt
of the department's decision and shall identify the errors in the department's decision.
Appeals shall be considered by the commissioner or his or her designee as provided in
Code Section 45-9-84."
SECTION 2.
Said part is further amended by revising Code Section 45-9-86, relating to application for
indemnification, as follows:
"45-9-86.
(a) As used in this Code section, the <del>term</del> <ins>terms 'COVID-19' and</ins> 'public safety officer'
shall have the same <del>meaning</del> <ins>meanings</ins> as provided in Code Section 45-9-85.
(b) An application for indemnification with respect to a claim for total permanent
disability or partial permanent disability of a public safety officer shall be submitted by that
person unless the person is mentally incompetent, in which case the application may be
made on such person's behalf by his or her legal guardian.
(c) An application for indemnification with respect to a claim for the death of a public
safety officer shall be submitted by or on behalf of the surviving unremarried spouse or
dependents eligible under this part.
(d) <ins>Except as provided in subsection (e) of this Code section, an</ins> <del>An</del> application for
indemnification with respect to death, organic brain damage, total permanent disability, or
partial permanent disability must be made within 24 months after the date of the incident
giving rise to the death, organic brain damage, or disability.
<ins>(e) An application for indemnification with respect to a claim for the death of a public
safety officer related to COVID-19 that occurred on or before April 15, 2022, shall be
submitted between the effective date of this Code section and August 1, 2025. No
indemnification claim for the death of a public safety officer related to COVID-19 that
occurred on or before April 15, 2022, shall be paid for an application not properly
submitted between the effective date of this Code section and August 1, 2025."
</ins>
SECTION 3.
Said part is further amended by revising Code Section 45-9-88, relating to indemnification
not to be awarded when penal violation, suicide, intentionally self-inflicted injuries, natural
causes, or performance of certain routine duties caused or contributed to death or disability,
as follows:
"45-9-88.
(a) No indemnification shall be awarded to any person otherwise entitled thereto who
violates a penal law of this state which violation caused or contributed to the death or
disability of the officer.
(b) Notwithstanding any other provision of this <del>article</del> <ins>part,</ins> no payment shall be authorized
if death, organic brain damage, total permanent disability, or partial permanent disability
occurs from suicide, intentionally self-inflicted injuries, natural causes, or the performance
of routine duties which would not be considered strenuous or dangerous by a reasonable
person, except as provided for in subsection <del>(b)</del> <ins>(c)</ins> of Code Section 45-9-85."
SECTION 4.
All laws and parts of laws in conflict with this Act are repealed.