Section 89.1. Definitions

The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:

Act—The act of June 24, 1976 (P. L. 424, No. 101), (53 P. S. § § 891—892.1), known as the Emergency and Law Enforcement Personnel Death Benefits Act.

Ambulance service or rescue squad member—

(i) An officially recognized or designated member of an ambulance service or rescue squad, who is an employee of the Commonwealth or a political subdivision or a member of a legally recognized volunteer ambulance service or rescue squad in this Commonwealth.

(ii) The term includes rescue workers, ambulance drivers, paramedics, health-care responders, emergency medical technicians, or other similar workers, who are trained in rescue activity or the provision of emergency medical services and have legal authority and responsibility to engage in rescue activity or provide emergency medical services.

Beneficiary—The surviving spouse, minor children or parents of a public safety officer.

Benefit—The payment made to the beneficiary as authorized by the act.

Bureau—The Bureau of Risk and Insurance Management of the Department.

Certified hazmat response team member—A person who is a part of a group of individuals that meets the following requirements:

(i) Is certified and organized by a Commonwealth agency, a local agency or a regional hazardous material organization.

(ii) Is certified, trained and equipped in accordance with the Hazmat Act for the primary purpose of one of the following reasons:

(A) To provide emergency response services to mitigate actual or potential immediate threats to public health and the environment in response to the release or threat of a release of a hazardous material.

(B) To perform stabilization actions needed to remove threats to public health and the environment from hazardous material releases.

Department—The Department of General Services of the Commonwealth.

Emergency medical service—Provision of first-response emergency medical care (other than in a permanent medical care facility) or transportation of persons, in medical distress or under emergency conditions, to medical care facilities.

Firefighter—An individual, who is trained in fire suppression and has the legal authority and responsibility to engage in fire suppression, as an employee of the Commonwealth or a political subdivision or as an individual serving as an officially recognized or designated member of a legally organized volunteer fire department in this Commonwealth.

Hazmat Act—The Hazardous Material and Emergency Response Act (35 P. S. § § 6022.101—6022.307).

Law enforcement officer—A peace officer as defined in 18 Pa.C.S. § 501 (relating to definitions), a public servant concerned in the official detention as defined in 18 Pa.C.S. § 5121 (relating to escape), an officer or employee of a State correctional institution, guards or employees of county jails and prisons, or other law enforcement officers of the Commonwealth or any political subdivision thereof.

Minor children—Surviving biological or adopted children of a public safety officer, who, at the time of the death of the public safety officer are under 21 years of age.

National Guard member—A member of the Pennsylvania National Guard in an official State duty status authorized under 51 Pa.C.S. § 508 (relating to active State duty for emergency).

Parent—A surviving biological or adoptive parent of a public safety officer whose parental rights had not been terminated at the time of their child’s death.

Political subdivision—Any county, city, borough, incorporated town, township, school, vocational school district, or county institution district within this Commonwealth.

Public safety answering point—A facility approved by the Pennsylvania Emergency Management Agency under the Public Safety Emergency Telephone Act (35 P. S. § § 7011—7021.13) as the first point at which calls for emergency assistance from individuals are answered, operated 24 hours a day.

Public safety officers—Emergency or law enforcement personnel identified in the act including firefighters, ambulance service or rescue squad members, certified hazmat response team members, law enforcement officers and National Guard members.

Secretary—The Secretary of the Department.

Spouse—The husband or wife of the deceased public safety officer at the time of death, including a spouse living apart from the individual, other than pursuant to divorce.

The provisions of this § 89.1 amended May 23, 1980, effective May 24, 1980, 10 Pa.B. 2039; amended November 16, 2007, effective November 17, 2007, 37 Pa.B. 6106. Immediately preceding text appears at serial pages (235106) to (235107).

Notation

Notes of Decisions

The definition of ‘‘killed’’ contained in this section, particularly that clause which excludes stress and strain and diseases which arise merely out of the general performance of duty, is invalid in light of section 3 of the act of October 16, 1981 (P. L. 295, No. 102) which provides that the payment of survivor’s benefits shall be made in the event of the death of any firefighter occurring as the direct result of injuries sustained in the performance of his or her duties, regardless of the date when such injuries occurred. Seybold v. Department of General Services, 461 A.2d 353 (Pa. Cmwlth. 1983); appeal after remand 528 A.2d 999 (Pa. Cmwlth. 1986); appeal denied 529 A.2d 1084 (Pa. 1987).

Although county park policeman with limited authority was not a ‘‘policeman’’ for collective bargaining purposes under section 1 of the act of June 24, 1968 (P. L. 237, No. 111) (43 P. S. § 217.1), he was a ‘‘law enforcement officer’’ as defined in 18 Pa.C.S. § 501, the definition which was incorporated into the act of June 26, 1976 (P. L. 424, No. 101) (53 P. S. § § 891—892). Lang v. County of Delaware, 490 A.2d 20 (Pa. Cmwlth. 1985).