Firefighters

Plain English Breakdown

The official summary does not provide detailed information on what happens if a claim is filed after the three-year period but before a final determination of line-of-duty death. This remains unclear from the provided sources.

Emergency Responder Compensation Act

This act changes how claims for compensation are handled when emergency responders die in the line of duty.

What This Bill Does

• Extends the time to file a claim from three years after death to three years after either death or a final determination that the death was in the line of duty, whichever is later.
• Increases the review period for denied claims from 90 days to one year for law enforcement officers.
• Adds a process for firefighters and volunteer rescue squad workers to appeal denials within one year.
• Establishes an appeals process for emergency medical technicians with a one-year deadline.

Who It Names or Affects

• Estate of deceased emergency responders, including firefighters, police officers, and EMTs.
• Departments responsible for reviewing claims such as the Tennessee peace officer standards and training commission, firefighting personnel standards and education commission, and Tennessee emergency medical services board.

Terms To Know

Annuity

A regular payment made to someone over a period of time, often after retirement or in cases of death.

Line of duty

The official duties and responsibilities that an emergency responder is performing when they are injured or killed while working.

Limits and Unknowns

• The act applies retroactively to March 1, 2020, unless it conflicts with the U.S. Constitution or Tennessee Constitution.
• It does not specify what happens if a claim is filed after the three-year period but before a final determination of line-of-duty death.

Official Summary Text

Present law provides that the estate of any emergency responder who is killed in the line of duty is entitled to receive a $250,000 annuity, with the estate receiving an annual installment of $50,000 for five years. The claim for payment of such annuity
must be filed with the department of finance and administration within three years after the death of the decedent. This bill, instead, requires a claim for payment of the annuity to be filed with the department of finance and administration within thre
e
years after either (i) the death of the decedent or (ii) the date of a final order or other determination designating the decedent's death as being in the line of duty, whichever is later.

DENIAL OF A CLAIM

Present law provides that a denial of a claim for an annuity by an estate of a law enforcement officer is subject to review by the
Tennessee
peace officer standards and training commission within 90 days after the denial. This bill extends the time frame for review of a denial to within one year after the date of the denial.

This bill provides that a denial of a claim for an annuity by the estate of a firefighter or volunteer rescue squad worker is
subject to review by the commission on firefighting personnel standards and education within one

year of the date of the denial.
The commission on firefighting personnel standards has the authority to review the claim and issue a final order or other determination that is binding upon this state.

This bill provides that a denial of a claim for an annuity by the estate of an emergency medical technician is subject to review by the Tennessee emergency medical services board within one year after the date of the denial. The
emergency medical services board
has the authority to review the claim and issue a final order or other determination that is binding upon this state.

APPLICABILITY

This bill applies retroactively to March 1, 2020, unless prohibited by the United States Constitution or the Tennessee Constitution.

Current Bill Text

HOUSE BILL 2477
By Parkinson

SENATE BILL 2212
By Taylor
SB2212
010599
- 1 -

AN ACT to amend Tennessee Code Annotated, Title 4,
Chapter 24; Title 7, Chapter 51, Part 2; Title 38,
Chapter 8 and Title 68, Chapter 140, relative to
compensation for emergency responder deaths in
the line of duty.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Section 7-51-210(c), is amended by deleting
the subsection and substituting:
(c) A claim for payment of an annuity pursuant to this section must be filed with
the department of finance and administration no later than three (3) years after the later
of the following:
(1) The date of death of the decedent; or
(2) The date of a final order or other determination designating the
decedent's death as being in the line of duty that is issued by a court,
administrative law judge, or other state or local government official, entity, or
body with the authority to issue such order or determination.
SECTION 2. Tennessee Code Annotated, Section 7-51-210(e), is amended by deleting
the subsection and substituting:
(e)
(1) A denial of a claim made under this section by the estate of a law
enforcement officer is subject to review by the Tennessee peace officer
standards and training commission within one (1) year of the date of the denial.
The commission has the authority to review the claim and issue a final order or
other determination which is binding upon this state. The commission shall

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cause copies of the final order or determination to be delivered to the claimant's
estate and the department of finance and administration.
(2) A denial of a claim made under this section by the estate of a
firefighter or volunteer rescue squad worker is subject to review by the
commission on firefighting personnel standards and education within one (1) year
of the date of the denial. The commission has the authority to review the claim
and issue a final order or other determination which is binding upon this state.
The commission shall cause copies of the final order or determination to be
delivered to the claimant's estate and the department of finance and
administration. The commissioner shall not participate in the commission's
review of a denied claim; except, that the commissioner may offer testimony
regarding the commissioner's reasons for denying the claim, if requested by the
commission.
(3) A denial of a claim made under this section by the estate of an
emergency medical technician is subject to review by the Tennessee emergency
medical services board within one (1) year of the date of the denial. The board
has the authority to review the claim and issue a final order or other
determination which is binding upon this state. The board shall cause copies of
the final order or determination to be delivered to the claimant's estate and the
department of finance and administration.
SECTION 3. This act takes effect upon becoming a law, the public welfare requiring it,
and unless prohibited by the United States Constitution or Tennessee Constitution, is retroactive
to March 1, 2020.