Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO: KRS 95A.210, KRS 61.315
NECESSITY, FUNCTION, AND CONFORMITY: KRS 61.315(3) authorizes
the Kentucky Fire Commission to promulgate administrative regulations
establishing criteria and procedures applicable to the administration of
survivor benefits for death of a firefighter. This administrative regulation
establishes these requirements.
Section
1. Definitions.
(1) "Child or
children" means a:
(a) Biological child or
children, including a child or children born after the firefighter's
death;
(b) Stepchild or
stepchildren; and
(c) Legally
adopted child or children.
(2) "Commission" means commission as defined
by KRS 95A.210(1).
(3) "Death in
the line of duty" means death that occurs as a direct result of an act or acts
in the "performance of duty" as defined in subsection (6) of this section and
includes death that results from a heart or circulatory malfunction that is
treated within forty-eight (48) hours after participation in the performance of
these duties or as the result of illness, cancer as established in KRS 61.315(11), or other sickness or injury caused by the performance of these
duties that result in death within twelve (12) months of the activities as
established in this administrative regulation, if death is not caused by
suicide or self-inflicted injury.
(4) "Firefighter" means firefighter as
defined by KRS 61.315(1)(b).
(5)
"Heart or circulatory malfunction" means myocardial infarction, angina
pectoris, coronary thrombosis, cardiac arrest, or a cerebral vascular accident
that is first medically treated within forty-eight (48) hours after
participation in the performance of the duties of a paid firefighter as
established in subsection (6) of this section.
(6) "Performance of duty" means a firefighter
acting in the performance of his or her duties while engaged in the following
activities if the activities are performed at the direction or with the
knowledge of an officer of the fire department or if immediate action is
required at the scene of an emergency not involving his department or other
emergency organization:
(a)
Firefighting;
(b) Fire drills or
other related training;
(c) Rescue
or emergency activities;
(d)
Repairing or doing other work about or in the fire or emergency apparatus or
building and grounds of the fire department;
(e) Traveling to or from a call for
service;
(f) Riding in or upon the
fire or emergency apparatus that is owned or used by the fire
department;
(g) Performing other
activities of the fire department as authorized by the jurisdiction that the
department serves; or
(h) Attending
meetings related to the fire service and travel to and from the meetings, as
long as he or she is representing his or her local, state, or national fire
related organization.
Section 2. Requirements for Eligibility.
(1)
(a) If
death occurs after twelve (12) months and is related to the causes established
in KRS 61.315(11)(b), the commission shall review the conditions to determine
if the death constituted death in the performance of duty.
(b) Survivors. Benefits shall be paid to the
surviving spouse, surviving child or children or both; or the surviving
parents, as set forth in KRS 61.315(2).
(2) Heart or circulatory malfunction
limitations.
(a) Eligible survivors shall
receive benefits through KRS 61.325 if the firefighter:
1. Becomes an active member of a fire
department;
2. Has not been
medically diagnosed as having had, or has not been prescribed any medication
for, the following conditions within 5 years prior to the date of membership:
a. Myocardial infarcation;
b. Angina pectoris;
c. Coronary thrombosis;
d. Cardiac arrest; or
e. Cerebral vascular incident;
and
3. Dies in the line
of duty.
(b) Eligible
survivors shall receive the benefits granted through KRS 61.315 if the
firefighter dies in the line of duty and:
1.
The firefighter has been medically diagnosed as having had, or having been
prescribed medication for, an illness listed in paragraph (a) of this
subsection within five (5) years prior to becoming an active member of a fire
department; and
2. The commission
has been presented with a medical statement from the firefighter's doctor that
the firefighter has recovered or been medically rehabilitated sufficiently to
meet the physical demands of firefighting.
(c)
1.
Survivors shall not be eligible to receive benefits from this program until the
medical statement required by paragraph (b) of this subsection is supplied to
the commission in the following circumstances. The firefighter:
a. Has been medically diagnosed as having
had, or having been prescribed medication for, an illness listed in paragraph
(a) of this subsection;
b. Returns
to active fire service; and
c. Dies
as a result of a heart or circulatory malfunction.
2. Upon the commission's review and approval
of the medical statement, pursuant to KRS Chapter 61 and this administrative
regulation, the firefighter's survivors shall become eligible to receive
benefits from this program.
(d) A deceased firefighter's survivors shall
not be eligible for benefits under this administrative regulation if the
deceased firefighter was mistakenly or fraudulently included on a fire
department's roster, or did not actively serve as a firefighter for a minimum
of five (5) years prior to diagnosis of the cause of death.
(3)
(a) Autopsy. The commission shall reserve the
right to request an autopsy if sufficient cause is shown for this
request.
(b) If an autopsy is
performed for any reason, a copy of the report signed by the individual who
performs the autopsy and a notary public shall be submitted to the
commission.
Section
3. Application.
(1)
(a) The fire department shall notify the
commission's administrator immediately upon the death in the line of duty of a
firefighter who is a member of the department.
(b) Upon receipt of the notification, the
administrator shall submit the Report of Firefighter's Death, Form KPF-4, to
the notifying fire department in care of the chief; Claim for Survivor Benefits
Form KPF-5, to the known survivors of the deceased firefighter; and the
Requirements for Cancer Death Benefits form to both the notifying fire
department in care of the chief and the known survivors of the deceased
firefighter.
(2) Upon
receipt of the forms required by subsection (1) of this section, the chief and
survivors or their representative shall complete the forms and return them to
the commission in care of the administrator.
(3) Upon the receipt of the completed forms
established in subsection (1) of this section, a licensed physician shall
review all pertinent medical records and forms submitted on behalf of the
deceased firefighter and make a medical determination as to whether the
conditions surrounding the death qualify the family members for benefits
pursuant to this administrative regulation.
(a) Upon the licensed physician's
determination that the requirements of KRS 61.315 and this administrative
regulation have been met, a committee of the commission appointed by the chair
of the commission shall review the forms and forward the forms with the
committee's recommendations to the full commission for determination of
eligibility.
(b) If there are
questions about the forms, the committee and the administrator may seek
clarification of the questions on behalf of the commission.
Section 4. Certification
of Payment of Benefits. Upon certification of survivorship rights to the
Firefighter's Death Benefit, the sum of $80,000 shall be paid in check by the
state treasurer from the general expenditure fund of the state treasury, as
required by KRS 61.315(2) and the treasurer shall transmit the check to the
commission's administrator for payment to the eligible survivor or
survivors.
Section 5. Incorporation
by Reference.
(1) The following material is
incorporated by reference:
(a) "Report of
Firefighter's Death" Form KPF-4, November 7, 2016;
(b) "Claim for Survivor Benefits" Form KPF-5,
December 1, 2014; and
(c)
"Requirements for Cancer Death Benefits", July 2016.
(2) This material may be inspected, copied,
or obtained, subject to applicable copyright law, at the Commission on Fire
Protection Personnel Standards and Education, 118 James Court, Suite 50,
Lexington, Kentucky 40505, Monday through Friday, 8 a.m. to 4:30 p.m.
STATUTORY AUTHORITY: KRS 61.315(3)