Law Enforcement Officers and Fire Fighters Death Benefits Trust Fund; delete prohibition for intentional harm.

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To: Judiciary, Division B
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Senator(s) Fillingane

SENATE BILL NO. 2794
(As Passed the Senate)

AN ACT TO AMEND SECTION 45-2-1, MISSISSIPPI CODE OF 1972, TO 1
REVISE THE DEFINITION OF THE TERM "CAUSE OF DEATH"; TO DELETE 2
LANGUAGE THAT PROHIBITED THE PAYMENT FROM THE LAW ENFORCEMENT 3
OFFICERS AND FIRE FIGHTERS DEATH BENEFITS TRUST FUND WHERE THE 4
DEATH WAS THE RESULT OF SUICIDE OR INTENTIONALLY SELF-INFLICTED 5
BODILY INJURY; AND FOR RELATED PURPOSES. 6
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 7
SECTION 1. Section 45-2-1, Mississippi Code of 1972, is 8
amended as follows: 9
45-2-1. (1) Whenever used in this section, the term: 10
(a) "Covered individual" means a law enforcement 11
officer or firefighter, including volunteer firefighters, as 12
defined in this section when employed by an employer as defined in 13
this section; it does not include employees of independent 14
contractors. 15
(b) "Employer" means a state board, commission, 16
department, division, bureau or agency, or a county, municipality 17
or other political subdivision of the state, which employs, 18
appoints or otherwise engages the services of covered individuals. 19
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(c) "Firefighter" means an individual who is trained 20
for the prevention and control of loss of life and property from 21
fire or other emergencies, who is assigned to firefighting 22
activity, and is required to respond to alarms and perform 23
emergency actions at the location of a fire, hazardous materials 24
or other emergency incident. 25
(d) "Law enforcement officer" means any lawfully sworn 26
officer or employee of the state or any political subdivision of 27
the state whose duties require the officer or employee to 28
investigate, pursue, apprehend, arrest, transport or maintain 29
custody of persons who are charged with, suspected of committing, 30
or convicted of a crime, whether the officer is on regular duty on 31
full-time status, an auxiliary or reserve officer, or is serving 32
on a temporary or part-time status. 33
(e) "Cause of death" means any cause of death that 34
would be covered under the Public Safety Officers' Benefits Act of 35
1976, the Hometown Heroes Survivors Benefits Act of 2003, 36
generally codified at 42 USCS Chapter 46, or the Safeguarding 37
America's First Responders Act of 2020. The term also includes 38
any cause of death, at the discretion of the Commissioner of 39
Public Safety, that would be covered under the Public Safety 40
Officer Support Act of 2022. 41
(2) (a) (i) The Department of Public Safety shall make a 42
payment, as provided in this section, in the amount of One Hundred 43
Fifty Thousand Dollars ($150,000.00) when a covered individual, 44
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while engaged in the performance of the person's official duties, 45
dies or receives accidental or intentional bodily injury that 46
results in the loss of the covered individual's life and such 47
death is the result of a covered cause of death * * *. 48
(ii) In addition to the payment authorized in 49
subparagraph (i) of this paragraph, the Department of Public 50
Safety shall pay Twenty-five Thousand Dollars ($25,000.00) per 51
child of the covered individual, not to exceed a total payment of 52
Two Hundred Fifty Thousand Dollars ($250,000.00) under this 53
subsection (2). 54
(b) The payment provided for in this subsection shall 55
be made to the beneficiary who was designated in writing by the 56
covered individual, signed by the covered individual and delivered 57
to the employer during the covered individual's lifetime. If no 58
such designation is made, then the payment shall be made to the 59
surviving child or children and spouse in equal portions, and if 60
there is no surviving child or spouse, then to the parent or 61
parents. 62
(c) The payment made in this subsection is in addition 63
to any workers' compensation or pension benefits and is exempt 64
from the claims and demands of creditors of the covered 65
individual. 66
(3) The Department of Public Safety shall make a payment, as 67
provided in this section, in the amount not to exceed Fifteen 68
Thousand Dollars ($15,000.00) to pay funeral and other related 69
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burial expenses when a covered individual dies or receives 70
accidental or intentional bodily injury that results in the loss 71
of the covered individual's life. This payment may be made 72
directly to the funeral home chosen by the next of kin and is 73
subject to the availability of funds. 74
(4) (a) There is established in the State Treasury a 75
special fund to be known as the Law Enforcement Officers and Fire 76
Fighters Death Benefits Trust Fund. The trust fund shall maintain 77
a minimum balance of Four Million Dollars ($4,000,000.00), and 78
shall be comprised of any additional funds made available by the 79
Legislature or by donation, contribution, gift or any other 80
source. 81
(b) The State Treasurer shall invest the monies of the 82
trust fund in any of the investments authorized for the funds of 83
the Public Employees' Retirement System under Section 25-11-121, 84
and those investments shall be subject to the limitations 85
prescribed by Section 25-11-121. 86
(c) Unexpended amounts remaining in the trust fund at 87
the end of the state fiscal year shall not lapse into the State 88
General Fund, and any income earned on amounts in the trust fund 89
shall be deposited to the credit of the trust fund. At the end of 90
each state fiscal year, the State Treasurer shall transfer any 91
amount of funds that exceed the minimum required balance in 92
paragraph (a) of this subsection to the Law Enforcement Officers 93
and Fire Fighters Training and Equipment Trust Fund. 94
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( * * *5) The Department of Public Safety shall be 95
responsible for the management of the trust fund and the 96
disbursement of death benefits authorized under this section. The 97
Department of Public Safety shall adopt rules and regulations 98
necessary to implement and standardize the payment of death 99
benefits under this section, to administer the trust fund created 100
by this section and to carry out the purposes of this section. 101
( * * *6) (a) There is created in the State Treasury a 102
special fund to be known as the Law Enforcement Officers and Fire 103
Fighters Training and Equipment Trust Fund. Money in the fund may 104
be disbursed pursuant to the Law Enforcement Officers and Fire 105
Fighters Training and Equipment Grant Program established in this 106
subsection. The fund shall consist of monies received from any 107
source, including those transferred at the end of each fiscal year 108
from the Law Enforcement Death Benefit Trust Fund. Monies 109
remaining in the revolving fund at the end of a fiscal year shall 110
not lapse into the State General Fund, and any interest earned on 111
the fund shall be deposited to the credit of the fund. 112
(b) There is established the Law Enforcement Officers 113
and Fire Fighters Training and Equipment Grant Program in the 114
Department of Public Safety. Upon agreement, the Commissioner of 115
the Department of Public Safety and the State Fire Marshal may 116
award grants for enhanced training or safety equipment for covered 117
individuals. 118
S. B. No. 2794 *SS08/R1007PS* ~ OFFICIAL ~
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ST: Law Enforcement Officers and Fire Fighters
Death Benefits Trust Fund; delete prohibition
for intentional harm.
SECTION 2. This act shall take effect and be in force from 119
and after July 1, 2026. 120