HB 1485 — An Act amending the act of June 24, 1976 (P.L.424, No.101), referred to as the Emergency and Law Enforcement Personnel Death Benefits Act, further providing for death benefits for public works employees, coroners and staff persons and for definitions; and making an editorial change.

PRINTER'S NO.   1739

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                         HOUSE BILL
                         No. 1485
                                                Session of
                                                  2025

     INTRODUCED BY CIRESI, McNEILL, PROBST, SANCHEZ, BRIGGS, MADDEN,
        McANDREW, NEILSON, D. WILLIAMS, DELLOSO AND BRENNAN,
        MAY 16, 2025

     REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, MAY 21, 2025


                                     AN ACT
 1   Amending the act of June 24, 1976 (P.L.424, No.101), entitled
 2      "An act providing for the payment of death benefits to the
 3      surviving spouse or children or parents of firefighters,
 4      ambulance service or rescue squad members, law enforcement
 5      officers or National Guard members who die as a result of the
 6      performance of their duties," further providing for death
 7      benefits and for definitions; and making an editorial change.
 8      The General Assembly of the Commonwealth of Pennsylvania
 9   hereby enacts as follows:
10      Section 1.    The title and section 1(a) introductory paragraph
11   and (1), (a.1), (c) and (e) of the act of June 24, 1976
12   (P.L.424, No.101), referred to as the Emergency and Law
13   Enforcement Personnel Death Benefits Act, are amended to read:
14                                   AN ACT
15   Providing for the payment of death benefits to the surviving
16      spouse or children or parents of firefighters, ambulance
17      service or rescue squad members, law enforcement officers,
18      public works employees or National Guard members who die as a
19      result of the performance of their duties.
20      Section 1.    (a)   In the event a law enforcement officer,
 1   ambulance service or rescue squad member, firefighter, certified
 2   hazardous material response team member, member of the
 3   Pennsylvania Civil Air Patrol, public works employee or National
 4   Guard member dies as a result of the performance of his duties,
 5   an application, including a certification of death, shall be
 6   made to the department within three years of the date of such
 7   death by any of the following:
 8      (1)   A political subdivision or an authority created by a
 9   political subdivision.
10      * * *
11      (a.1)    A firefighter, ambulance service or rescue squad
12   member, law enforcement officer, certified hazardous material
13   response team member, member of the Pennsylvania Civil Air
14   Patrol, public works employee or National Guard member who
15   suffers a fatal heart attack or stroke while on duty or not
16   later than 24 hours after participating in a physical training
17   exercise or responding to an emergency is presumed to have died
18   as a result of the performance of his duties for purposes of
19   this act.
20      * * *
21      (c)   A volunteer ambulance service, certified hazardous
22   material response team or rescue squad member, public works
23   employee or member of the Pennsylvania Civil Air Patrol shall be
24   deemed to be acting in the performance of his duties for the
25   purposes of this act going to or directly returning from an
26   emergency which the ambulance service, certified hazardous
27   material response team, rescue squad, public works employee or
28   member of the Pennsylvania Civil Air Patrol attended including
29   travel from and direct return to an ambulance service, certified
30   hazardous material response team, rescue squad, public works

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 1   employee or Pennsylvania Civil Air Patrol member's home, place
 2   of business or other place where he or she shall have been when
 3   he or she received the call or alarm or while participating in
 4   drills in which the ambulance service, certified hazardous
 5   material response team, rescue squad, municipality, municipal
 6   authority or Pennsylvania Civil Air Patrol shall have
 7   participated or while repairing or doing other work about or on
 8   any emergency vehicle or buildings and grounds of the ambulance
 9   service, certified hazardous material response team, rescue
10   squad, municipality, municipal authority or Pennsylvania Civil
11   Air Patrol upon the authorization of the chief of the ambulance
12   service, certified hazardous material response team, rescue
13   squad, municipality, municipal authority or Pennsylvania Civil
14   Air Patrol or other person in charge while answering any
15   emergency calls for any purpose or while riding upon any
16   vehicles which are owned or used by the ambulance service,
17   certified hazardous material response team, rescue squad or
18   Pennsylvania Civil Air Patrol.
19      * * *
20      (e)   The Commonwealth of Pennsylvania shall pay out of the
21   General Fund to the surviving spouse or, if there is no
22   surviving spouse, the minor children of a National Guard member,
23   certified hazardous material response team member, public works
24   employee, member of the Pennsylvania Civil Air Patrol, volunteer
25   firefighter, ambulance service or rescue squad member who died
26   as a result of the performance of his duties the sum of
27   $100,000, adjusted in accordance with subsection (f) of this
28   section. When no spouse or minor children survive, the benefit
29   shall be paid to the parent or parents of such National Guard
30   member, certified hazardous material response team member,

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 1   public works employee, member of the Pennsylvania Civil Air
 2   Patrol, volunteer firefighter, ambulance service or rescue squad
 3   member. The benefit shall be payable whether or not the National
 4   Guard member or certified hazardous material response team
 5   member, public works employee, member of the Pennsylvania Civil
 6   Air Patrol, volunteer firefighter, ambulance service or rescue
 7   squad member died as a result of the performance of his duty
 8   within the Commonwealth of Pennsylvania.
 9      * * *
10      Section 2.   Section 2 of the act is amended by adding a
11   definition to read:
12      Section 2.   The following words and phrases when used in this
13   act shall have the meanings given to them in this section unless
14   the context clearly indicates otherwise:
15      * * *
16      "Public works employee" means an employee of a municipality
17   or municipal authority whose employment involves the care,
18   maintenance or construction of municipally owned buildings, open
19   space, parks, parking facilities, waste water treatment systems,
20   water systems, sewers or other property, roads, highways or
21   public infrastructure, and who, as a first responder, or in
22   conjunction with first responders, may respond to emergencies
23   while acting in an official capacity.
24      Section 3.   This act shall take effect in 60 days.




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