2013 Kentucky Revised Statutes CHAPTER 95A - FIRE PROTECTION PERSONNEL 95A.070 Payments for insurance coverage of firefighters permanently and totally disabled in line of duty -- Documentation -- Reduction in payments if firefighter has other coverage -- Procedure upon termination of disability or coverage -- Administrative regulations -- Penalty for providing false information -- Proration if funds insufficient.
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95A.070 Payments for insurance coverage of firefighters permanently and
totally disabled in line of duty -- Documentation -- Reduction in payments
if firefighter has other coverage -- Procedure upon termination of
disability or coverage -- Administrative regulations -- Penalty for
providing false information -- Proration if funds insufficient.
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If a firefighter as defined in KRS 61.315 is, before, on, or after July 15, 2002,
permanently and totally disabled as defined in KRS 342.0011 as a direct result
of activities in the line of duty, then the firefighter shall be entitled to receive a
monthly payment to be paid by the State Treasurer from the general fund
appropriation to the police and firefighter-life insurance category contained in
miscellaneous appropriations of the state/executive branch budget of:
(a) Three hundred dollars ($300) to help defray the costs of life insurance;
and
(b) Three hundred dollars ($300) to help defray the costs of health insurance.
In order to receive the monthly payment, the firefighter must present to the
Commission on Fire Protection Personnel Standards and Education:
(a) A written statement from the fire chief of the fire department under whose
command the firefighter was at the time of injury stating the fact that the
firefighter was on active duty and on assignment with that fire department
when the injury occurred; and
(b) A written statement from at least two (2) licensed and practicing
physicians stating that the member is totally and likely to be permanently
disabled as defined in KRS 342.0011; and
(c) Proof, in a form satisfactory to the commission, that the firefighter has
either or both active life and health insurance policies.
(a) If a firefighter, either through a settlement of any kind or through any
other source, has life insurance provided at no cost, then the firefighter
shall not be eligible to receive the life insurance payment described in
subsection (1)(a) of this section. If a firefighter receives partial payment of
life insurance, and the portion of the payment that the firefighter is
responsible for is less than the amount stated in subsection (1) of this
section, then the firefighter shall only receive that portion of the payment
to pay for the cost of the insurance.
(b) If a firefighter, either through a settlement of any kind or through any
other source, has health insurance provided at no cost, then the firefighter
shall not be eligible to receive the health insurance payment described in
subsection (1)(b) of this section. If a firefighter receives partial payment of
health insurance, and the portion of the payment that the firefighter is
responsible for is less than the amount stated in subsection (1) of this
section, then the firefighter shall only receive that portion of the payment
to pay for the cost of the insurance.
If the firefighter should no longer be considered permanently and totally
disabled as defined in KRS 342.0011, or if either or both life and health
insurance policies are terminated, then the firefighter shall within thirty (30)
days of that determination notify the Commission on Fire Protection Personnel
Standards and Education, in writing, of that fact or facts. The commission shall
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then terminate the appropriate subsequent payments to that firefighter. A
firefighter may continue to receive payments for one (1) type of insurance as
long as the firefighter is still permanently and totally disabled and the insurance
policy is active. If the firefighter fails to notify the commission within thirty (30)
days and receives subsequent payments under this section, the firefighter shall
be responsible for repaying any payments provided to the firefighter under this
section from the date that the firefighter was no longer considered permanently
and totally disabled.
The Commission on Fire Protection Personnel Standards and Education shall
promulgate administrative regulations in accordance with the provisions of KRS
Chapter 13A establishing procedures and criteria applicable to the
administration of this section by December 31, 2002.
Any firefighter convicted of knowingly providing false information to receive the
benefits in subsection (1) of this section shall be guilty of a Class D felony and
shall be responsible for repaying the total amount paid to the firefighter, plus
interest, under the provisions of this section within a time to be determined by
the commission. The firefighter shall also no longer be eligible to receive any
payments provided under this section.
In the event sufficient funds do not exist to cover all the financial obligations of
this section, then the payments shall be prorated among the participants
evenly.
Effective:July 12, 2012
History: Amended 2012 Ky. Acts ch. 78, sec. 1, effective July 12, 2012. -- Created
2002 Ky. Acts ch. 289, sec. 3, effective July 15, 2002.
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