I

106TH CONGRESS

1ST SESSION H. R. 789

To amend the Omnibus Crime Control and Safe Streets Act of 1968 to

provide death benefits to retired public safety officers.

IN THE HOUSE OF REPRESENTATIVES

FEBRUARY 23, 1999

Mr. FOSSELLA introduced the following bill; which was referred to the

Committee on the Judiciary

A BILL

To amend the Omnibus Crime Control and Safe Streets

Act of 1968 to provide death benefits to retired public

safety officers.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Irwin Rutman Retired

5 Public Safety Officers Death Benefits Act’’.

6 SEC. 2. DEATH BENEFITS.

7 (a) PAYMENTS.—Section 1201 of title I of the Omni8 bus Crime Control and Safe Streets Act of 1968 (42

9 U.S.C. 3796) is amended—
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1 (1) in subsection (a), by inserting after ‘‘line of

2 duty’’ the following: ‘‘or a retired public safety offi3 cer has died as the direct and proximate result of a

4 personal injury sustained while responding to a fire,

5 rescue, or police emergency’’;

6 (2) in subsection (b), by inserting after ‘‘line of

7 duty’’ the following: ‘‘or a retired public safety offi8 cer has become permanently and totally disabled as

9 the direct result of a catastrophic injury sustained

10 while responding to a fire, rescue, or police emer11 gency’’; and

12 (3) in subsections (c), (i), and (j), by inserting

13 after ‘‘public safety officer’’ every place it appears

14 the following: ‘‘or a retired public safety officer’’.

15 (b) LIMITATIONS.—Section 1202 of title I of the

16 Omnibus Crime Control and Safe Streets Act of 1968 (42

17 U.S.C. 3796a) is amended—

18 (1) in paragraph (1), by striking ‘‘the public

19 safety officer or by such officer’s intention’’ and in20 serting ‘‘the public safety officer or the retired pub21 lic safety officer who had the intention’’;

22 (2) in paragraph (2), by striking ‘‘the public

23 safety officer’’ and inserting ‘‘the public safety offi24 cer or the retired public safety officer’’; and
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1 (3) in paragraph (3), by inserting ‘‘, or if the

2 retired public safety officer was behaving,’’ after

3 ‘‘duties’’.

4 (c) NATIONAL PROGRAM.—Section 1203 of title I of

5 the Omnibus Crime Control and Safe Streets Act of 1968

6 (42 U.S.C. 2796a–1) is amended by inserting before the

7 period ‘‘or retired public safety officers who have died

8 while responding to a fire, rescue, or police emergency’’.

9 (d) DEFINITIONS.—Section 1204 of the Omnibus

10 Crime Control and Safe Streets Act of 1968 (42 U.S.C.

11 3796b) is amended—

12 (1) by striking ‘‘and’’ at the end of paragraph

13 (6);

14 (2) by striking the period and inserting ‘‘; and’’

15 at the end of paragraph (7); and

16 (3) by adding at the end the following:

17 ‘‘(8) ‘retired public safety officer’ means a pub18 lic safety officer, as defined in paragraph (7), who

19 has served a sufficient period of time in such capac20 ity to become vested in the retirement system of a

21 public agency by which the officer was employed and

22 who retired from such agency in good standing.’’.
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1 (e) EFFECTIVE DATE.—The amendments made by

2 this section shall apply with respect to deaths or injuries

3 occurring after the date of the enactment of this Act.

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