Michigan Administrative Code › Department - State Police › Michigan Commission on Law Enforcement Standards (MCOLES) › Public Safety Officers Benefit Program › Section R. 28.14951 - Definitions

Current through Vol. 24-12, July 15, 2024
Rule 1.
(1) As used
				in these rules:
(a) "Act" means the public
				safety officers benefit act, 2004 PA 46, MCL 28.631 et seq.
(b) "Catastrophic injury" means consequences
				of an injury that permanently prevent an individual from performing any gainful
				work.
(c) "Child" means any
				natural, illegitimate, adopted, or posthumous child or stepchild of a deceased
				public safety officer, who at the time of the public safety officer's death was
				any of the following:
(i) Eighteen years of
				age or under.
(ii) Over 18 years of
				age and a student.
(iii) Over 18
				years of age and incapable of self-support because of physical or mental
				disability.
(d)
				"Dependent" means a child of the deceased public safety officer or other
				individual who was substantially reliant for support upon the income of the
				deceased public safety officer.
(e)
				"Gainful work" means work activity that is both substantial work activity and
				gainful work activity.
(f) "Gainful
				work activity" means work activity that is done for pay or profit. Work
				activity is gainful if it is the kind of work usually done for pay or profit,
				whether or not a profit is realized or pay is received.
(g) "Incapable of self-support because of
				physical or mental disability" means the individual was receiving supplemental
				security income benefits from the United States social security administration
				at the time of the public safety officer's death.
(h) "Occupational disease" means a disease
				which routinely constitutes a special hazard in, or is commonly regarded as, a
				concomitant of the officer's occupation.
(i) "Personal injury" or "injury" means any
				traumatic injury, as well as diseases which are caused by or result from such
				an injury, heart attack, or stroke, but not an occupational disease.
(j) "Student" means an individual under 23
				years of age, who has not completed 4 years of education beyond the high school
				level and who is regularly pursuing a full-time course of study or training at
				school or college or university accredited by a Michigan recognized or
				nationally recognized accrediting agency or body.
(k) "Substantial work activity" means work
				activity that involves doing significant physical or mental activities. Work
				may be substantial even if it is done on a part-time basis or if the public
				safety officer does less, gets paid less, or has less responsibility than when
				he or she was a member of the former employing public safety agency.
(l) "Substantially reliant" means the
				dependent was reliant on the income of the deceased officer for over 1/3 of his
				or her support.
(m) "Traumatic
				injury" means a wound or a condition of the body caused by external force,
				including injuries inflicted by bullets, explosives, sharp instruments, blunt
				objects or other physical blows, chemicals, electricity, climatic conditions,
				infectious diseases, radiation, and bacteria, but excluding stress and
				strain.