2023 Code of Alabama
Title 36 - Public Officers and Employees.
Chapter 30 - Compensation for Death or Disability of Peace Officers, Firemen, Etc.
Article 1 - Compensation for Death of Peace Officers and Firemen.
Section 36-30-5 - Presentation of Claims for Compensation; Forms; Rules of Evidence and Procedure.
Section 36-30-5
Presentation of claims for compensation; forms; rules of evidence and procedure.
THIS SECTION WAS AMENDED BY ACT 2022-437 IN THE 2022 REGULAR SESSION, EFFECTIVE JULY 1, 2022. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.
(a) All claims for compensation as provided in this article shall be presented to the awarding authority within two years from the date of the death of the first responder or the claims are forfeited. All claims shall be presented in the form prescribed by the awarding authority, and proof of the facts and circumstances of the first responder's death and, if necessary, the claimant's relationship to and dependence upon the first responder shall be made in the manner prescribed by the awarding authority.
(b) Notwithstanding subsection (a), any person who was previously ineligible to claim the compensation provided in this article, but is now eligible to claim the compensation provided in this article because of the enactment of Act 2008-480, and who is making a claim based upon the death of a peace officer or firefighter who died on or after January 1, 2006, but prior to the enactment of Act 2008-480, shall be able to present his or her claim for compensation to the awarding authority within one year of the date of enactment of Act 2008-480 regardless of whether the claim was presented within one year from the date of the death of the peace officer or firefighter.
(c) The awarding authority may prescribe forms and adopt rules of evidence and procedure as it deems necessary or proper, not inconsistent with this article, for the proper determination of all claims for compensation under this article.
(Acts 1966, Ex. Sess., No. 208, p. 256, §5; Act 2008-480, p. 1047, §2; Act 2010-533, p. 893, §1; Act 2016-385, §1; Act 2022-437, §1.)
