Presumptive Disability Law in Arkansas
CODE PART:
Title 21 Public Officers and Employees
Chapter 5 Compensation and Benefits
21-5-705. Payment of claim to designated beneficiaries or survivors of certain specified public employees killed in the line of duty — Funds.
Title 24 Retirement And Pensions
Chapter 4 Arkansas Public Employees’ Retirement System
Subchapter 5– Credited Service and Eligibility for Benefits
24-4-511. Eligibility for benefits — Disability retirement.
Chapter 10 Arkansas Local Police And Fire Retirement System
Subchapter 6– Benefits
24-10-607. Disability retirement.
DESCRIPTION:
§ 21-5-705(a), concerning payment of claims to designated beneficiaries or survivors of certain specified public employees killed in the line of duty, is amended to read as follows:
(a) The state shall pay the additional sum of one hundred fifty thousand dollars ($150,000) to the designated beneficiary, surviving spouse, or surviving children under twenty-two (22) years of age of a:
(1) Police officer, wildlife enforcement officer, commissioned law enforcement officer or emergency response employee of the State Parks Division of the Department of Parks and Tourism, Department of Community Correction employee, employee of the Department of Correction, jailer, or coroner whose death occurred:
(A) After January 1, 2003; and
(B) Either:
(i) In the official line of duty as the result of a criminal or negligent action of another person or persons or as the result of the engagement in exceptionally hazardous duty; or
(ii) In the line of duty while the officer or employee was performing emergency medical activities;
(2) Firefighter, emergency medical technician, or employee of the Arkansas Forestry Commission killed after July 1, 1987, while responding to, engaging in, or returning from a fire, a rescue incident, a hazardous material or bomb incident, an emergency medical activity, or simulated training thereof; and
(3)(A) (i) Firefighter killed in the line of duty after January 1, 2012, including death from leukemia, lymphoma, mesothelioma, and multiple myeloma and cancer of the brain, digestive tract, urinary tract, liver, skin, breast, cervix, thyroid, prostate, testicle, or a cancer that has been found by research and statistics to show higher instances of occurrence in firefighters than in the general population, if he or she was exposed to a known carcinogen as determined by the Department of Health with consideration to the findings of the International Agency for Research on Cancer while in the official line of duty.
(ii) Subdivision (a)(3)(A)(i) of this section does not include a firefighter who was diagnosed with cancer prior to the start of firefighter service.
(B) A death benefit under subdivision (a)(3)(A) of this section shall be limited to:
(i) A maximum of one hundred fifty thousand dollars ($150,000) per individual death, including educational benefits provided in ß 6-82-501 et seq.; and
(ii) A firefighter who is under sixty-eight (68) years of age.
(C) (i) The Firefighter Benefit Review Panel is created for the purpose of making recommendations to the Arkansas State Claims Commission regarding determinations of death benefits under subdivision (a)(3) (A) of this section for deaths associated with cancer.
(ii) The panel shall consist of the following seven (7) individuals to be appointed by the Governor:
(a) One (1) licensed oncologist;
(b) (1) Two (2) firefighters paid by the state, a county, or a municipality.
(2) One (1) firefighter under subdivision (a)(3)(C)(ii)(b)(1) of this section shall be appointed from a list of names submitted by the Arkansas Professional Fire Fighters Association;
(c) (1) Two (2) volunteer firefighters.
(2) One (1) firefighter under subdivision (a)(3)(C)(ii)(c)(1) of this section shall be appointed from a list of names submitted by the Arkansas State Firefighters Association;
(d) One (1) fire chief who may be appointed from a list of names submitted by the Arkansas Association of Fire Chiefs; and
(e) One (1) citizen with experience in either cancer and healthcare professions or firefighter relations.
(iii)
(a) Panel members shall serve a term of four (4) years.
(b) In the event of a vacancy in the membership of the panel, the Governor shall appoint a person meeting the applicable eligibility requirements of the vacated position to fill the vacancy for the remainder of the unexpired term.
(iv)
(a) The panel shall hold at least one (1) regular meeting in each calendar year at a time and place determined by the panel.
(b) Special meetings may be called at the discretion of the chair selected under subdivision (a) (3)(C)(v) of this section.
(v) The panel shall select a chair and vice chair during the first annual meeting of each four-year term.
(vi) Four (4) members of the panel shall constitute a quorum to transact business.
(vii) The members of the panel may receive expense reimbursement in accordance with ß 25-16-901 et seq.
(viii) The panel shall:
(a) Render advisory opinions and reports concerning research and statistics that show higher instances of cancer among firefighters;
(b) Review claims for death benefits of firefighters who have died of cancer; and
(c) Make recommendations to the Arkansas State Claims Commission on death benefit awards under subdivision (a)(3)(A) of this section.
(D) This section:
(i) Shall not be applied to any other benefits granted by the state, a county, a city, or a municipality; and
(ii) Does not grant a cause of action against the state, a county, a city, or a municipality.
§ 24-4-511(a)(1)(A)
(i) Except for members of the General Assembly who need at least ten (10) years of actual service, any active member with five (5) or more years of actual service, including actual service for at least eighteen (18) of the twenty-four (24) calendar months immediately preceding his or her disability, who becomes totally and permanently physically or mentally incapacitated for any suitable job or position as an employee as a result of a personal injury or disease may be retired by the Board of Trustees of the Arkansas Public Employees’ Retirement System upon written application filed with the board by or on behalf of the member.
(ii)
(a) As used in subdivision (a)(1)(A)(i) of this section, “disease” includes without limitation cancer that a firefighter or volunteer firefighter is diagnosed with while he or she is in the line of duty.
(b) A finding that a firefighter or volunteer firefighter was diagnosed with cancer while he or she was in the line of duty may be rebutted by a preponderance of the evidence.
(iii) As used in subdivision (a)(1)(A)(ii) of this section, “cancer” means:
(a) Leukemia, lymphoma, mesothelioma, or multiple myeloma;
(b) Cancer of the brain, urinary tract, liver, skin, breast, cervix, thyroid, prostate, testicle, colon, or digestive tract; or
(c) A cancer that has been found by research and statistics to show higher instances of occurrence in firefighters than in the general population, if the firefighter was exposed to a known carcinogen, as determined by the Department of Health with consideration to the findings of the International Agency for Research on Cancer, while in the official line of duty.
§ 24-10-607 (a)(1)(A)
(i) An active member with five (5) years of credited service, including credited service for seventy-five percent (75%) of the two (2) years immediately preceding his or her disability, who while an active member becomes totally and permanently physically or mentally incapacitated for any suitable duty as an employee as a result of a personal injury or disease, may be retired by the Board of Trustees of the Arkansas Local Police and Fire Retirement System upon proper application filed with the board by or on behalf of the member or former member.
(ii) A member hired on or after July 1, 2013, shall accrue ten (10) years of actual service in order to be eligible for retirement.
(iii)
(a) As used in subdivision (a)(1)(A)(i) of this section, “disease” includes without limitation cancer that a member or volunteer member is diagnosed with while he or she is in the line of duty.
(b) A finding that a member or volunteer member was diagnosed with cancer while he or she was in the line of duty may be rebutted by a preponderance of the evidence.
(iv) As used in subdivision (a)(1)(A)(iii) of this section, “cancer” means:
(a) Leukemia, lymphoma, mesothelioma, or multiple myeloma;
(b) Cancer of the brain, urinary tract, liver, skin, breast, cervix, thyroid, prostate, testicle, colon, or digestive tract; or
(c) A cancer that has been found by research and statistics to show higher instances of occurrence in firefighters than in the general population, if the firefighter was exposed to a known carcinogen, as determined by the Department of Health with consideration to the findings of the International Agency for Research on Cancer, while in the official line of duty.