Bill Text: MS SB2416 | 2023 | Regular Session | Introduced
Bill Title: Law Enforcement Officers and Fire Fighters Death Benefits Trust Fund; revise provision creating.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2023-01-31 - Died In Committee [SB2416 Detail]
Download: Mississippi-2023-SB2416-Introduced.html
MISSISSIPPI LEGISLATURE
2023 Regular Session
To: Judiciary, Division B; Appropriations
By: Senator(s) Suber
Senate Bill 2416
AN ACT TO AMEND SECTION 45-2-1, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT UPON A FEDERAL LINE-OF-DUTY DEATH BENEFIT THAT IS AWARDED TO THE COVERED INDIVIDUAL, THE LINE-OF-DUTY BENEFIT FROM MISSISSIPPI SHALL BE AUTOMATIC; TO REQUIRE THE DEPARTMENT OF PUBLIC SAFETY TO REQUEST A DEFICIT APPROPRIATION AT THE NEXT LEGISLATIVE SESSION TO REPLENISH THE LAW ENFORCEMENT OFFICERS AND FIRE FIGHTERS DEATH BENEFITS TRUST FUND IN THE EVENT THE FUND IS DEPLETED; TO REMOVE THE AUTHORITY OF THE DEPARTMENT OF PUBLIC SAFETY TO ADOPT RULES AND REGULATIONS TO ADMINISTER THE FUND; 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 or firefighter, including volunteer firefighters, as defined in this section when employed by an employer as defined 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) "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 firefighting activity, and is required to respond to alarms and perform emergency actions at the location of a fire, hazardous materials or other emergency incident.
(d) "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.
(e) "Cause of death" means any cause of death that would be covered under the Public Safety Officers' Benefits Act of 1976, the Hometown Heroes Survivors Benefits Act of 2003, generally codified at 42 USCS Chapter 46, or the Safeguarding America's First Responders Act of 2020.
(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) when a covered individual, while engaged in the performance of the person's official duties, dies or receives accidental or intentional bodily injury that results in the loss of the covered individual's life and such death is the result of a covered cause of death, provided that the death is not the result of suicide and that the bodily injury is not intentionally self-inflicted. Upon a Federal Line of Duty Death Benefit that is awarded to the covered individual, the line of duty benefit from Mississippi shall be automatic.
(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 and Fire Fighters Death Benefits Trust Fund. The trust fund shall be funded by an initial appropriation of Two Hundred Thousand Dollars ($200,000.00), and shall be comprised of any additional 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. However, any unexpended amounts transferred in accordance with Section 2 of Chapter 315, Laws of 2022, and remaining in the trust fund at the end of the state fiscal year shall lapse into the Coronavirus State Fiscal Recovery Fund.
(4) The Department of Public
Safety shall be responsible for the management of the trust fund and the disbursement
of death benefits authorized under this section. In the event the trust
fund is depleted, the Department of Public Safety shall request a deficit
appropriation at the next legislative session to replenish the funds. * * *
SECTION 2. This act shall take effect and be in force from and after July 1, 2023.
