45-9-78. Payment of indemnification for death or disability generally; designation of method of payment; procedure for making payments.

The indemnification shall be paid by the commission when a public school teacher or public school employee who in the line of duty:#

1. (1)

   Is killed or receives bodily injury which results in death within 12 months thereafter, if such death occurs from an act of violence and if such death is not the result of suicide and if such bodily injury is not intentionally self-inflicted; or#

2. (2)

   Is permanently disabled, if the permanent disability occurs from an act of violence and if the permanent disability is not intentionally self-inflicted.#

For any compensable claim filed under this article, payment shall be made as follows:#

1. (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. (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 $150,000.00 in equal installments over a period of five years or a payment in lump sum which shall consist of $150,000.00 reduced to its present value upon the basis of interest calculated at the rate of 6 percent per annum.#

After determining that a public school teacher or public school employee has been killed or permanently disabled by an act of violence in the line of duty and that he or she or his or her estate beneficiary is entitled to indemnification under this article, the commission, within ten days after the end of the fiscal year in which such claim was filed and subject to the provisions of Code Section 45-9-79, shall forward a certified copy of the order granting such payment, which order shall include the person to whom such payment shall be made and the method of payment, to the commissioner of administrative services who is authorized to make the appropriate payments from funds made available for the purpose of carrying out this article.#