45-9-85. Payment of indemnification for death or disability; procedure for making payments; appeal.

As used in this Code section, the term:#

1. (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).#

2. (2)

   “Nonroutine stressful or strenuous physical activity” means actions that are not clerical, administrative, or nonmanual in nature.#

3. (3)

   “Public safety officer” means a law enforcement officer, firefighter, emergency medical technician, emergency management rescue specialist, state highway employee, or prison guard.#

4. (4)

   “Work related activity” means, while in the line of duty:#

   1. (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#

   2. (B)

      Participating in a training exercise involving nonroutine stressful or strenuous physical activity.#

Indemnification shall be paid under this part as follows:#

1. (1)

   In the case of a partial permanent disability suffered by a public safety officer while in the line of duty, the eligible disabled person may elect to receive a 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. (2)

   In the case of a total permanent disability suffered by a public safety officer while in the line of duty, the eligible disabled 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. (3)

   1. (A)

      In the case of death suffered by a public safety officer while in the line of duty, payment shall be made to:#

      1. (i)

         The surviving unremarried spouse;#

      2. (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#

      3. (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.#

   2. (B)

      In the case of organic brain damage suffered by a public safety officer while in the line of duty, payment shall be made to the legal guardian of the organically brain damaged person.#

   3. (C)

      The surviving unremarried spouse, dependents, or the legal guardian who qualified for indemnification payment pursuant to this paragraph may elect to receive a payment 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.#

1. (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. (2)

   The department shall consider a heart attack, stroke, or vascular rupture suffered by a public safety officer to have occurred while in the line of duty if the heart attack, stroke, or vascular rupture:#

   1. (A)

      Commenced:#

      1. (i)

         While such public safety officer was performing work related activity;#

      2. (ii)

         While such public safety officer was on duty after performing work related activity; or#

      3. (iii)

         Not later than 24 hours after performing work related activity; and#

   2. (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.#

3. (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:#

   1. (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;#

   2. (B)

      The evidence indicates that the public safety officer had COVID-19 or complications therefrom at the time of death; and#

   3. (C)

      No indemnification claim has been paid by the department pursuant to this part.#

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.#