AN ACT relating to death benefits.

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AN ACT relating to death benefits. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
Section 1. KRS 61.315 is amended to read as follows: 3
(1) As used in this section: 4
(a) "Police officer" means every paid police officer, sheriff, or deputy sheriff, 5
corrections employee with the power of a peace officer pursuant to KRS 6
196.037, any metropolitan or urban-county correctional officer with the power 7
of a peace officer pursuant to KRS 446.010, any jailer or deputy jailer, any 8
auxiliary police officer appointed pursuant to KRS 95.445, any police officer 9
of a public institution of postsec ondary education appointed pursuant to KRS 10
164.950, any school resource officer as defined in KRS 158.441, or any 11
citation or safety officer appointed pursuant to KRS 83A.087 and 83A.088, 12
elected to office, or employed by any county, airport board created pursuant to 13
KRS Chapter 183, city, local board of education, or by the state; 14
(b) "Firefighter" means every paid firefighter or volunteer firefighter who is 15
employed by or volunteers his or her services to the state, airport board 16
created pursuant to KRS C hapter 183, any county, city, fire district, or any 17
other organized fire department recognized, pursuant to KRS 95A.262, as a 18
fire department operated and maintained on a nonprofit basis in the interest of 19
the health and safety of the inhabitants of the Co mmonwealth and shall 20
include qualified civilian firefighters employed at Kentucky -based military 21
installations; and 22
(c) "Emergency medical services personnel" means any paid or volunteer 23
emergency medical services personnel who is certified or licensed pursuant to 24
KRS Chapter 311A and who is employed directly by, or volunteering directly 25
for, any: 26
1. County; 27
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2. City; 1
3. Fire protection district created under KRS 75.010 to 75.260; or 2
4. Emergency ambulance service district created under KRS 108.080 to 3
108.180; 4
to provide emergency medical services. 5
(2) The spouse of any police officer, sheriff, deputy sheriff, corrections em ployee with 6
the power of a peace officer pursuant to KRS 196.037, any metropolitan or urban -7
county correctional officer with the power of a peace officer pursuant to KRS 8
446.010, any jailer or deputy jailer, any auxiliary police officer appointed pursuant 9
to KRS 95.445, any police officer of a public institution of postsecondary education 10
appointed pursuant to KRS 164.950, any school resource officer as defined in KRS 11
158.441, or any citation or safety officer appointed pursuant to KRS 83A.087 and 12
83A.088, firefighter, or member of the Kentucky National Guard on state active 13
duty pursuant to KRS 38.030, or a member of a state National Guard or a Reserve 14
component on federal active duty under Title 10 or 32 of the United States Code 15
who names Kentucky as home of record for military purposes, whose death occurs 16
on or after July 1, 2002, as a direct result of an act in the line of duty shall receive a 17
lump-sum payment of eighty thousand dollars ($80,000) if there are no surviving 18
children, which sum shall be pai d by the State Treasurer from the general fund of 19
the State Treasury. The spouse of any emergency medical services personnel whose 20
death occurs on or after November 1, 2015, as a direct result of an act in the line of 21
duty shall receive a lump-sum payment of eighty thousand dollars ($80,000) if there 22
are no surviving children, which sum shall be paid by the State Treasurer from the 23
general fund of the State Treasury. If there are surviving children and a surviving 24
spouse, the payment shall be apportioned eq ually among the surviving children and 25
the spouse. If there is no surviving spouse, the payment shall be made to the 26
surviving children, eighteen (18) or more years of age. For surviving children less 27
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than eighteen (18) years of age, the State Treasurer shall: 1
(a) Pay thirty-five thousand dollars ($35,000) to the surviving children; and 2
(b) Hold forty-five thousand dollars ($45,000) in trust divided into equal accounts 3
at appropriate interest rates for each surviving child until the child reaches the 4
age of eighteen (18) years. 5
If a child dies before reaching the age of eighteen (18) years, his or her account 6
shall be paid to his or her estate. If there are no surviving children, the payment 7
shall be made to any parents of the deceased. 8
(3) The Kentucky Fir e Commission shall be authorized to promulgate administrative 9
regulations establishing criteria and procedures applicable to the administration of 10
this section as it pertains to both paid and volunteer firefighters, including but not 11
limited to defining wh en a firefighter has died in line of duty. Administrative 12
hearings promulgated by administrative regulation under authority of this 13
subsection shall be conducted in accordance with KRS Chapter 13B. 14
(4) The Justice and Public Safety Cabinet may promulgate a dministrative regulations 15
establishing criteria and procedures applicable to the administration of this section 16
as it pertains to police officers, any metropolitan or urban -county correctional 17
officers with the power of a peace officer pursuant to KRS 446. 010, any school 18
resource officer as defined in KRS 158.441, or any jailers or deputy jailers, 19
including but not limited to defining when one has died in line of duty. 20
Administrative hearings promulgated by administrative regulation under authority 21
of this subsection shall be conducted in accordance with KRS Chapter 13B. 22
(5) The Department of Corrections shall promulgate administrative regulations 23
establishing the criteria and procedures applicable to the administration of this 24
section as it pertains to corr ectional employees, including but not limited to 25
defining which employees qualify for coverage and which circumstances constitute 26
death in the line of duty. 27
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(6) The Kentucky Board of Emergency Medical Services shall promulgate 1
administrative regulations establishing the criteria and procedures applicable to the 2
administration of this section as it pertains to emergency medical services 3
personnel, including but not limited to which employees or volunteers qualify for 4
coverage and which circumstances constitute death in the line of duty. 5
(7) The Department of Military Affairs shall promulgate administrative regulations 6
establishing the criteria and procedures applicable to the administration of this 7
section as it pertains to National Guard or Reserve component members, including 8
but not limited to defining which National Guard or Reserve component members 9
qualify for coverage and which circumstances constitute death in the line of duty. 10
(8) The estate of anyone whose spouse or surviving children would be eligib le for 11
benefits under subsection (2) of this section, and the estate of any regular member 12
of the United States Armed Forces who names Kentucky as home of record for 13
military purposes whose death occurs as a direct result of an act in the line of duty, 14
shall be exempt from all probate fees, including but not limited to those established 15
by the Supreme Court of Kentucky pursuant to KRS 23A.200 and 24A.170, or 16
imposed under KRS 24A.185, 64.012, and 172.180. 17
(9) The benefits payable under this section shall be in addition to any benefits now or 18
hereafter prescribed under any police, sheriff, firefighter's, volunteer firefighter's, 19
emergency medical services personnel, or National Guard or Reserve retirement or 20
benefit fund established by the federal government or by any state, county, or any 21
municipality. 22
(10) Any funds appropriated for the purpose of paying the death benefits described in 23
subsection (2) of this section shall be allotted to a self -insuring account. These 24
funds shall not be used for the purpose of purchasing insurance. 25
(11) (a) For the purposes of this section, if a firefighter dies as a result of cancer, the 26
death shall be a direct result of an act in the line of duty if the firefighter: 27
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1. Was a firefighter for at least five (5) consecutive years; 1
2. Developed one (1) or more of the cancers listed in paragraph (b) of this 2
subsection which caused the firefighter's death within ten (10) years of 3
separation from service as a firefighter; 4
3. Did not use tobacco products for a period of ten (10) years prior to the 5
diagnosis of cancer; 6
4. Was under the age of sixty-five (65) at the time of death; 7
5. Was not diagnosed with any cancer prior to employment as a firefighter; 8
and 9
6. Was exposed while in the course of firefighting to a known carcinogen 10
as defined by the International Agency for Research on Cancer or the 11
National Toxicology Program, and the carcinogen is reasonably 12
associated with one (1) or more of the cancers listed in paragraph (b) of 13
this subsection. 14
(b) This section shall apply to the following cancers: 15
1. Bladder cancer; 16
2. Brain cancer; 17
3. Colon cancer; 18
4. Non-Hodgkin's lymphoma; 19
5. Kidney cancer; 20
6. Liver cancer; 21
7. Lymphatic or hematopoietic[haematopoietic] cancer; 22
8. Prostate cancer; 23
9. Testicular cancer; 24
10. Skin cancer; 25
11. Cervical cancer;[ and] 26
12. Breast cancer; 27
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13. Mesothelioma; 1
14. Esophageal cancer; 2
15. Lung cancer; 3
16. Rectal cancer; 4
17. Thyroid cancer; 5
18. Intestinal cancer; 6
19. Multiple myeloma cancer; 7
20. Buccal cancer; and 8
21. Pharyngeal cancer. 9
(c) 1. The provisions of this subsection creating an entitlement to the line of 10
duty death benefits shall apply exclusively to this section and shall not 11
be interpreted or otherwise construed to create either an express or 12
implied presumption of work -relatedness for any type of claim filed 13
pursuant to KRS Chapter 342. 14
2. This paragraph is intended to provide clarification regarding the sole and 15
exclusive application of this subsection to only the benefits available 16
under this section and shall not be used as a bar or other ty pe of 17
limitation to impair or alter the rights and ability of a claimant to prove 18
work-relatedness under KRS Chapter 342 or other laws. 19