Current through Register Vol. 49, No. 9, September, 2024
I.
AUTHORITY:
The authority to promulgate this rule is vested in Section 47
of Act 203 of 2022, Fiscal Session, found in special language, now codified at
A.C.A. §
12-27-150.
II.
PURPOSE:
To establish criteria for the payment of a death benefit from
special revenues held by the Department of Corrections or its various divisions
to any department Employee killed in the line of duty.
III.
APPLICABILITY:
All Employees of the Department of Corrections.
IV.
DEFINITIONS:
A.
Beneficiary: a
designated recipient, other than the Employee, including the Employee's spouse
or the surviving child of the Employee if there is no surviving spouse. If
there is more than one (1) surviving child of the Employee, the death benefit
will be split equally amongst all designated surviving children.
B.
Board: the Board
of Corrections.
C.
Department: the Department of Corrections.
D.
Director: the
executive head of a Division, Board, Commission, or Section of the Department;
the Chief of Staff is designated as the executive head of Shared Services for
purposes of this rule; and the Compliance Administrator is designated as the
executive head of the Compliance Division for purposes of this rule.
E.
Employee: any
person employed in a full-time or part-time capacity by the Department of
Corrections, including any Division, Board or Commission of the
Department.
F.
In the
line of duty: refers to activities related to an Employee's
official job responsibilities.
G.
Secretary: the Secretary of the Department of
Corrections.
V.
POLICY:
It shall be the policy of the Board of Corrections to provide a
death benefit not to exceed five thousand dollars ($5,000) for any Department
Employee killed in the line of duty in accordance with guidelines set out in
this Rule.
VI.
PROCEDURES:
A.
Director Request:
1. A Director may submit a request to the
Secretary for consideration of payment of a death benefit for any Employee who
loses his or her life in the line of duty.
2. If the Secretary determines that an
Employee is eligible to receive payment of a death benefit, the Chief Financial
Officer of the Department must certify availability of funds and determine the
source of funding.
3. The Secretary
will submit a request to the Board outlining the circumstances surrounding the
request for payment of a death benefit, including the possible funding source
if the request is granted.
4. The
document submitted to the Board should contain sufficient information to advise
the board how the loss of life was related to performance of official job
responsibilities.
B.
Payment of Death Benefit:
1. Upon approval by the Board of Corrections,
the Chief Financial Officer of the Department shall cause to be issued a
payment to the beneficiary of an Employee who lost his or her life in the line
of duty.
2. The amount of payment
shall be set by the Board of Corrections and shall not exceed five thousand
dollars ($5,000).
VIII.
IMPLEMENTATION:
The Secretary of Corrections may issue directives to implement
the guidance contained within this Rule.
IIIX.
A.C.A.
REFERENCES:
A.C.A. §
12-27-150
