MISSISSIPPI LEGISLATURE
2015 Regular Session
To: Insurance; Appropriations
By: Representatives Rushing, Miles, DeBar, Morgan
AN ACT TO AMEND SECTION 45-2-1, MISSISSIPPI CODE OF 1972, TO EXPAND THE COVERAGE OF THE LAW ENFORCEMENT OFFICERS AND FIRE FIGHTERS DEATH BENEFITS TRUST FUND TO INCLUDE CORONERS, EMERGENCY MANAGEMENT AGENCY PERSONNEL AND FIREFIGHTERS WHO CONDUCT FIREFIGHTER TRAINING AT THE FIRE ACADEMY, AND CLARIFY THAT THE TRUST FUND COVERS VOLUNTEER FIREFIGHTERS WHO ARE NOT EMPLOYEES OF AN EMPLOYER; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 45-2-1, Mississippi Code of 1972, is amended as follows:
45-2-1. (1) Whenever used in this section, the term:
(a) "Covered
individual" means a law enforcement officer * * *, firefighter, including volunteer
firefighters, * * * coroner or emergency management agency
personnel when employed by an employer * * * except as otherwise provided
in this section; it does not include employees of independent contractors.
(b) "Employer" means a state board, commission, department, division, bureau or agency, or a county, municipality or other political subdivision of the state, which employs, appoints or otherwise engages the services of covered individuals.
(c) "Emergency management agency personnel" means a person who is involved in performing emergency management functions that provide for the health and safety of persons and property in the State of Mississippi by responding to hazards and other emergency incidents, and who is employed by an emergency management agency that is duly authorized and empowered under state or federal law to engage in emergency management activities in the State of Mississippi.
(d) "Firefighter" means an individual who is trained for the prevention and control of loss of life and property from fire or other emergencies, who is assigned to fire-fighting activity, and is required to respond to alarms and perform emergency actions at the location of a fire, hazardous materials or other emergency incident, whether the firefighter is employed by an employer or is a volunteer firefighter, or who conducts firefighter training at the Mississippi State Fire Academy.
( * * *e) "Law enforcement officer"
means any lawfully sworn officer or employee of the state or any political
subdivision of the state whose duties require the officer or employee to
investigate, pursue, apprehend, arrest, transport or maintain custody of
persons who are charged with, suspected of committing, or convicted of a crime,
whether the officer is on regular duty on full-time status, an auxiliary or
reserve officer, or is serving on a temporary or part-time status. The term
"law enforcement officer" includes constables.
(2) (a) The Department of Public Safety shall make a payment, as provided in this section, in the amount of One Hundred Thousand Dollars ($100,000.00) from the Law Enforcement Officers, Firefighters, Coroners and Emergency Management Agency Personnel Death Benefits Trust Fund when a covered individual, while engaged in the performance of the person's official duties, is accidentally or intentionally killed or receives accidental or intentional bodily injury that results in the loss of the covered individual's life, provided that the killing is not the result of suicide and that the bodily injury is not intentionally self-inflicted.
(b) The payment provided for in this subsection shall be made to the beneficiary who was designated in writing by the covered individual, signed by the covered individual and delivered to the employer during the covered individual's lifetime. If no such designation is made, then the payment shall be made to the surviving child or children and spouse in equal portions, and if there is no surviving child or spouse, then to the parent or parents. If a beneficiary is not designated and there is no surviving child, spouse or parent, then the payment shall be made to the covered individual's estate.
(c) The payment made in this subsection is in addition to any workers' compensation or pension benefits and is exempt from the claims and demands of creditors of the covered individual.
(3) (a) There is
established in the State Treasury a special fund to be known as the Law
Enforcement Officers * * *,
Fire Fighters, Coroners and Emergency Management Agency Personnel Death
Benefits Trust Fund. The trust fund * * * shall be comprised of any * * * funds made available by the
Legislature or by donation, contribution, gift or any other source.
(b) The State Treasurer shall invest the monies of the trust fund in any of the investments authorized for the funds of the Public Employees' Retirement System under Section 25-11-121, and those investments shall be subject to the limitations prescribed by Section 25-11-121.
(c) Unexpended amounts remaining in the trust fund at the end of the state fiscal year shall not lapse into the State General Fund, and any income earned on amounts in the trust fund shall be deposited to the credit of the trust fund.
(4) The Department of
Public Safety and the Attorney General's office shall be responsible for
the management of the trust fund, and the Department of Public Safety
shall be responsible for the disbursement of death benefits authorized
under this section. The * * *Department Commissioner of Public Safety shall adopt
rules and regulations necessary to implement and standardize the payment of
death benefits under this section, to administer the trust fund created by this
section and to carry out the purposes of this section. The Commissioner of
Public Safety and the Attorney General shall jointly adopt regulations
necessary to administer the trust fund.
SECTION 2. This act shall take effect and be in force from and after July 1, 2015.