IN THE LINE OF DUTY

§1611.__Definitions

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings.

1.__Chief.__"Chief" means the Chief of the State Police.

2.__Firefighter.__"Firefighter" means an active municipal firefighter or an active volunteer firefighter, as defined in Title 30-A, section 3151.

3.__Law enforcement officer or officer.__"Law enforcement officer" or "officer" means an active state police officer, municipal police officer, county sheriff, deputy sheriff, game warden, fire marshal, liquor enforcement officer or marine patrol officer in this State.

§1612.__Death benefit

1.__Amount; recipients.__In a case in which the chief determines under rules adopted pursuant to this section that a law enforcement officer has died while in the line of duty or in a case in which the State Fire Marshal determines under rules adopted pursuant to this section that a firefighter has died while in the line of duty, the State shall pay a benefit of $50,000 as follows:

A.__If there is no surviving child of the firefighter or law enforcement officer, to the surviving spouse of the firefighter or law enforcement officer;

B.__If there is a surviving child or children and a surviving spouse, 1/2 to the surviving child or children of the firefighter or law enforcement officer in equal shares and 1/2 to the surviving spouse;

C.__If there is no surviving spouse, to the child or children of the firefighter or law enforcement officer in equal shares; or

D.__If there is no surviving child or spouse of the firefighter or law enforcement officer, to the parent or parents of the firefighter or law enforcement officer in equal shares.

2.__Interim benefit payment.__Interim benefits may be paid as follows.

A.__When the State Fire Marshal determines upon showing of need and prior to final action that the death of a firefighter is a death for which a benefit will probably be paid, the State Fire Marshal may make an interim benefit payment not exceeding $3,000 to the individual or individuals entitled to receive a benefit under subsection 1 in the manner set out in subsection 1.

B.__When the chief determines, upon showing of need and prior to final action, that the death of an officer is a death for which a benefit will probably be paid, the chief may make an interim benefit payment not exceeding $3,000 to the individual or individuals entitled to receive a benefit under subsection 1 in the manner set out in subsection 1.

3.__Deduction of interim payment.__The State Fire Marshal or the chief, as the case may be, shall deduct the amount of an interim payment made pursuant to subsection 2 from the amount of any final benefit paid to the individual or individuals entitled to receive a benefit under subsection 1.

4.__Repayment of interim payment; waiver.__If a final benefit is not paid, the recipient or recipients of any interim payment under subsection 2 are liable for repayment of the amount received. The State Fire Marshal, the case of a firefighter, or the chief, in the case of a law enforcement officer may waive all or part of the repayment if the State Fire Marshal or chief, as the case may be, determines that undue hardship would result from that repayment.

5.__Execution or attachment prohibited.__A benefit paid under this section is not subject to execution or attachment.

6.__Other benefits. The $50,000 benefit payable under this section may not be considered a benefit paid under "similar law" for purposes of Title 5, sections 18005 and 18605 and may not be used to reduce any accidental death benefit amount payable under those provisions or under any other provision of law.

7.__Rulemaking.__The State Fire Marshal and the chief shall adopt rules to carry out the purposes of this section.__Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter II-A.

SUMMARY

This bill provides a $50,000 death benefit to the survivors of a law enforcement officer or firefighter killed in the line of duty.