GA Code § 45-9-85 (2021)
2021 Georgia Code|Title 45 - Public Officers and Employees|Chapter 9 - Insuring and Indemnification of Public Officers and Employees|Article 5 - Law Enforcement Officers, Firemen, Prison Guards, and Publicly Employed Emergency Medical Technicians|Part 1 - Georgia State Indemnification Fund|§ 45-9-85. Payment of Indemnification for Death or Disability; Procedure for Making Payments; Appeal

  As used in this Code section, the term:   "Nonroutine stressful or strenuous physical activity" means actions that are not clerical, administrative, or nonmanual in nature.   "Public safety officer" means a law enforcement officer, firefighter, emergency medical technician, emergency management rescue specialist, state highway employee, or prison guard.   "Work related activity" means, while in the line of duty:   Engaging in a situation involving nonroutine stressful or strenuous physical activity related to law enforcement, fire suppression, rescue, hazardous material response, emergency medical services, prison or jail security, disaster relief, or any other emergency response as classified by the commission; or   Participating in a training exercise involving nonroutine stressful or strenuous physical activity.       Indemnification shall be paid under this article as follows:   In the case of a partial permanent disability suffered in the line of duty by a public safety officer, the eligible disabled person may elect payment of $35,000.00 paid in equal monthly installments for five years or a lump sum of such amount reduced to its present value upon the basis of interest calculated at the rate of 6 percent per annum;   In the case of a total permanent disability suffered in the line of duty by a public safety officer, the injured person may elect to receive a payment of $75,000.00 paid in equal monthly installments for five years or a lump sum of such amount reduced to its present value upon the basis of interest calculated at the rate of 6 percent per annum;     In the case of death suffered in the line of duty by a public safety officer, payment shall be made to:   The surviving unremarried spouse;   The surviving children who are under the age of 19 or, if a student enrolled in an institution of postsecondary education at the time of such death, under the age of 24; or   Individuals not otherwise provided for under this subparagraph who are the dependents of the spouse or deceased person as shown in the spouse's or deceased person's most recent tax return.     In the case of organic brain damage suffered in the line of duty by a law enforcement officer, firefighter, emergency medical technician, emergency management specialist, state highway employee, or prison guard, payment shall be made to the legal guardian of the organically brain damaged person.   The surviving unremarried spouse, dependents, or the legal guardian may elect to receive payment in a lump sum payment of $150,000.00 paid in equal monthly installments for five years or a lump sum of such amount reduced to its present value upon the basis of interest calculated at the rate of 6 percent per annum; or     A heart attack, stroke, or vascular rupture suffered by a public safety officer shall be presumed to qualify such public safety officer under this subsection if the heart attack, stroke, or vascular rupture:   Commenced:   While such public safety officer was performing work related activity;   While such public safety officer was on duty after performing work related activity; or   Not later than 24 hours after performing work related activity; and     Directly or proximately resulted in the death or partial or permanent disability of the public safety officer, unless competent medical evidence established that the heart attack, stroke, or vascular rupture was not related to the work related activity or was directly or proximately caused by something other than the mere presence of cardiovascular disease risk factors.       After the department, or the commission upon review of a denial by the department, determines that a public safety officer has suffered a total permanent disability, a partial permanent disability, organic brain damage, or death in the line of duty, the department shall be authorized to make the appropriate payments as provided in subsection (b) of this Code section.   If the department denies a claim, any person seeking benefits pursuant to this part may appeal the department's decision to the commission. Any such appeal shall be filed with the commission within 60 days of receipt of the department's decision and shall identify the errors in the department's decision. Appeals shall be considered by the commission at the commission's semiannual meeting as provided in Code Section 45-9-84.    (Ga. L. 1978, p. 1914, § 5; Ga. L. 1980, p. 700, § 4; Ga. L. 1987, p. 822, § 6; Ga. L. 1991, p. 1312, § 5; Ga. L. 1993, p. 1402, § 19; Ga. L. 1994, p. 97, § 45; Ga. L. 1995, p. 877, § 3; Ga. L. 2000, p. 283, § 1; Ga. L. 2002, p. 660, § 4(18); Ga. L. 2002, p. 1259, §§ 7, 11(18); Ga. L. 2008, p. 470, § 1/SB 254; Ga. L. 2011, p. 593, § 1.1/HB 156; Ga. L. 2017, p. 500, § 4-1/SB 160; Ga. L. 2020, p. 49, § 1/HB 1017; Ga. L. 2021, p. 314, § 1/SB 60.)    The 2017 amendment,  effective July 1, 2017, substituted "$150,000.00" for "$100,000.00" in the last sentence of paragraph (a)(3).    The 2020 amendment,  effective July 1, 2020, rewrote paragraph (a)(3). See Editor's notes for applicability.    The 2021 amendment,  effective July 1, 2021, added subsection (a); redesignated former subsection (a) as present subsection (b); substituted "public safety officer" for "law enforcement officer, firefighter, emergency medical technician, emergency management rescue specialist, state highway employee, or prison guard" in paragraphs (b)(1) and (b)(2); substituted "public safety officer" for "law enforcement officer, firefighter, emergency medical technician, emergency management specialist, state highway employee, or prison guard" in subparagraph (b)(3)(A); substituted "; or” for a period at the end of subparagraph (b)(3)(C); added paragraph (b)(4); redesignated former subsections (b) and (c) as present subsections (c) and (d), respectively; and substituted "public safety officer" for "law enforcement officer, firefighter, emergency medical technician, emergency management rescue specialist, prison guard, or state highway employee" in subsection (c).   Editor's notes.   - Ga. L. 1987, p. 822, § 8, not codified by the General Assembly, provided that: "If any provision of this Act [which amended Code Sections 45-9-80 through 45-9-83, 45-9-84.2, 45-9-85, and 45-9-86] is held to be invalid or inoperative for any reason, the remaining provisions of this Act shall be deemed to be void and of no effect it being the legislative intent that this Act as a whole would not have been adopted had any provision not been included."   Ga. L. 2000, p. 283, § 3, not codified by the General Assembly, provided that the 2000 amendment became effective July 1, 2001, only upon ratification of a constitutional amendment by the voters at the November 2000 general election. The constitutional amendment (Ga. L. 2000, p. 1999) was approved by a majority of the qualified voters voting at the general election held on November 7, 2000.   Ga. L. 2008, p. 470, § 2/SB 254, not codified by the General Assembly, provides that the amendment to this Code section shall apply to all incidents occurring on or after July 1, 2008.   Ga. L. 2011, p. 593, § 2/HB 156, not codified by the General Assembly, provides that: "(a) It is the intent of the General Assembly that the revised indemnification amounts for state highway employees shall be applicable to all incidents involving state highway employees occurring on or after January 1, 2011.   "(b) The retroactive application of these changes with regard to state highway employees is based on the authority of Ga. Laws 2000, p. 2007, Section 1, adding Article III, Section VI, Paragraph VI(g) of the Georgia Constitution."   Ga. L. 2017, p. 500, § 1-1/SB 160, not codified by the General Assembly, provides that: "This Act shall be known and may be cited as the 'Back the Badge Act of 2017.'"   Ga. L. 2020, p. 49, § 2/HB 1017, not codified by the General Assembly, provides that: "This Act shall apply to claims regarding any incident giving rise to a death occurring on or after August 1, 2016."   Law reviews.   - For annual survey on criminal law, see 69 Mercer L. Rev. 73 (2017). For article on the 2017 amendment of this Code section, see 34 Ga. St. U. L. Rev. 89 (2017).   OPINIONS OF THE ATTORNEY GENERAL   Law enforcement officers.   - A person who ostensibly appears to be a law enforcement officer and who is killed while on duty, but who has not complied with the "Peace Officer Standards and Training Act", is nonetheless a law enforcement officer for the purposes of state indemnification. 1983 Op. Att'y Gen. No. 83-12.   RESEARCH REFERENCES   Am. Jur. 2d.   - 41 Am. Jur. 2d, Indemnity, § 3 et seq.   C.J.S.   - 42 C.J.S., Indemnity, § 2.