Indicates Matter Stricken

Indicates New Matter

As Passed By The Senate

March 29, 2023

S. 108

Introduced by Senators Davis, Scott, Kimbrell, Climer, Senn, Young, Fanning, Reichenbach, Peeler, Alexander, Cash, Malloy, Garrett, Rice, Cromer, McElveen, Loftis, Stephens, Corbin, Campsen and Adams

S. Printed 03/29/23--S.

Read the first time January 10, 2023

________

A bill

to amend the South Carolina Code of Laws by amending Section 9-1-1770, relating to Preretirement Death Benefit ProgramS under the south carolina retirement system, so as to provide for a death benefit for law enforcement officers killed in the line OF duty, to provide for the amount of the benefit, to provide who shall RECEIVE the death benefit payment, and to provide the source of the revenue for the payment; and by amending Section 9-11-120, relating to A Preretirement Death Benefit Program under the police officers retirement system, so as to provide for a death benefit for law enforcement officers killed in the line OF duty, to provide for the amount of the benefit, to provide who shall RECEIVE the death benefit payment, and to provide the source of the revenue for the payment.

    Amend Title To Conform

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1.  Section 9-1-1770(D) of the S.C. Code is amended to read:

    (D)(1)  RESERVED For the purposes of this subsection, "law enforcement officer" means a person who meets the requirements of Section 23-23-10(E)(1) of the S.C. Code of Laws and who is certified by the South Carolina Law Enforcement Training Council.For the purposes of this subsection, the term 'first responder' means an emergency medical services provider or volunteer provider, a law enforcement officer or volunteer officer who meets the requirements of Section 23-23-10(E)(1) of the S.C. Code of Laws and who is certified by the South Carolina Law Enforcement Training Council , a fire department worker or volunteer worker, a coroner, or a deputy coroner directly engaged in examining, treating, or directing persons during an emergency.

       (2) Upon receipt by the system of the satisfactory proof of death of a member of the system whose employer participates in the Preretirement Death Benefit Program and whose death was a natural and proximate result of an injury by external accident or violence incurred while undergoing a hazard peculiar to the member's employment as a first responder while in the actual performance of his duty, provided that his death is not the result of the member's willful negligence, suicide, or intentionally self-inflicted bodily injury, there must be paid to the member's designated beneficiary a one-time, lump sum benefit payment of seventy-five thousand dollars.

       (3) The amount of the benefit provided for in item (2) is increased to a total of one hundred fifty thousand dollars if the member is killed in the line of duty as defined above and the member's death is either:

           (a) the result of an unlawful and intentional act of another person; or

           (b) the result of an accident that occurs:

               (i) as a result of the member's response to fresh pursuit, defined as the pursuit of a person who has committed or is reasonably suspected of having committed a felony, misdemeanor, traffic infraction, or violation of a county or municipal ordinance;

               (ii) as a result of the member's response to what is reasonably believed to be an emergency;

               (iii) at the scene of a traffic accident to which the member has responded; or

               (iv) while the member is enforcing what is reasonably believed to be a traffic law or ordinance.

       (4) Payments made pursuant to this subsection must be paid to the beneficiary designated for this benefit by the member in writing and filed with the system during the member's lifetime. If no designation is made, then the payment must be paid to the member's surviving spouse. If there is no surviving spouse, the payment must be paid to the member's surviving children in equal portions. If there is no surviving spouse or child, the benefit is payable to the member's surviving parents in equal portions. If a beneficiary is not designated and there is no surviving child, spouse, or parent, then the sum must be paid to the member's estate. The payments required by this subsection are in addition to any other benefit set forth in this chapter or otherwise in law, including worker's compensation, and are exempt from the claims and demands of creditors of the member.

           (5) Payments made pursuant to this subsection must be paid from the contributions made by participating employers to the Preretirement Death Benefit Program. Notwithstanding any other provision of law, the board may adjust the required contributions to the Preretirement Death Benefit Program as necessary to fund these benefits on the basis of the program's actual experience and the recommendation of the system's actuary.

       (6) Payments made pursuant to this subsection to a beneficiary of an emergency medical services provider volunteer, a law enforcement officer volunteer, or a fire department volunteer must be paid from the State Accident Fund with a verification and disbursement process identical to the manner in items (2)-(4).

       (7) Any benefits paid pursuant to this subsection are not subject to subrogation, assignment, set-off, or lien claimed pursuant to Section 42-1-560.

SECTION 2.  Section 9-11-120(E) of the S.C. Code is amended to read:

    (E)(1)  [Reserved] For the purposes of this subsection, "law enforcement officer" means a person who meets the requirements of Section 23-23-10(E)(1) of the S.C. Code of Laws and who is certified by the South Carolina Law Enforcement Training Council.For the purposes of this subsection, the term 'first responder' means an emergency medical services provider or volunteer provider, a law enforcement officer or volunteer officer who meets the requirements of Section 23-23-10(E)(1) of the S.C. Code of Laws and who is certified by the South Carolina Law Enforcement Training Council, a fire department worker or volunteer worker, a coroner, or a deputy coroner directly engaged in examining, treating, or directing persons during an emergency.

       (2) Upon receipt by the system of the satisfactory proof of death of a member of the system whose employer participates in the Preretirement Death Benefit Program and whose death was a natural and proximate result of an injury by external accident or violence incurred while undergoing a hazard peculiar to the member's employment as a first responder while in the actual performance of his duty, provided that his death is not the result of the member's willful negligence, suicide, or intentionally self-inflicted bodily injury, there must be paid to the member's designated beneficiary a one-time, lump sum benefit payment of seventy-five thousand dollars.

       (3) The amount of the benefit provided for in item (2) is increased to a total of one hundred fifty thousand dollars if the member is killed in the line of duty as defined above and the member's death is either:

           (a) the result of an unlawful and intentional act of another person; or

           (b) the result of an accident that occurs:

               (i) as a result of the member's response to fresh pursuit, defined as the pursuit of a person who has committed or is reasonably suspected of having committed a felony, misdemeanor, traffic infraction, or violation of a county or municipal ordinance;

               (ii) as a result of the member's response to what is reasonably believed to be an emergency;

               (iii) at the scene of a traffic accident to which the member has responded; or

               (iv) while the member is enforcing what is reasonably believed to be a traffic law or ordinance.

       (4) Payments made pursuant to this subsection must be paid to the beneficiary designated for this benefit by the member in writing and filed with the system during the member's lifetime. If no designation is made, then the payment must be paid to the member's surviving spouse. If there is no surviving spouse, the payment must be paid to the member's surviving children in equal portions. If there is no surviving spouse or child, the benefit is payable to the member's surviving parents in equal portions. If a beneficiary is not designated and there is no surviving child, spouse, or parent, then the sum must be paid to the member's estate. The payments required by this subsection are in addition to any other benefit set forth in this chapter or otherwise in law, including worker's compensation, and are exempt from the claims and demands of creditors of the member.

           (5) Payments made pursuant to this subsection must be paid from the contributions made by participating employers to the Preretirement Death Benefit Program. Notwithstanding any other provision of law, the board may adjust the required contributions to the Preretirement Death Benefit Program as necessary to fund these benefits on the basis of the program's actual experience and the recommendation of the system's actuary.

       (6) Payments made pursuant to this subsection to a beneficiary of an emergency medical services provider volunteer, a law enforcement officer volunteer, or a fire department volunteer must be paid from the State Accident Fund with a verification and disbursement process identical to the manner in items (2)-(4).

       (7) Any benefits paid pursuant to this subsection are not subject to subrogation, assignment, set-off, or lien claimed pursuant to Section 42-1-560.

SECTION 3.  This act takes effect upon approval by the Governor.

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