21-5-705. Payment of claim to designated beneficiaries or survivors of certain specified public employees killed in the line of duty — Funds — Definitions.

21-5-705. Payment of claim to designated beneficiaries or survivors of certain specified public employees killed in the line of duty — Funds — Definitions. (a) The state shall pay the additional sum of one hundred fifty thousand dollars ($150,000) to the qualified recipient or recipients of a: (1) Police officer, wildlife enforcement officer, commissioned law enforcement officer or emergency response employee of the Department of Parks, Heritage, and Tourism, Division of Community Correction employee, employee of the Division 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 § 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 constitute a quorum to transact business. (vii) The members of the panel may receive expense reimbursement in accordance with § 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) Does not apply 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. (b) In addition to the benefits provided for in subsection (a) of this section, the state shall pay the additional sum of twenty-five thousand dollars ($25,000) to the qualified recipient of any police officer, wildlife enforcement officer of the Arkansas State Game and Fish Commission, commissioned law enforcement officer of the Department of Parks, Heritage, and Tourism, Division of Community Correction employee, or employee of the Division of Correction: (1) Who was wearing a bulletproof vest approved by the Director of the Department of Arkansas State Police or the Director of the Division of Arkansas State Police; and (2) Whose death occurred: (A) After July 1, 1989; and (B) In the official line of duty as the result of a criminal action of another person or persons. (c)(1) Except as provided in subdivision (c)(2) of this section, the benefits shall be paid totally from state funds appropriated for these benefits. The funds shall not be reimbursed by a transfer or charging the funds against any state funds allocated for turnback to cities or counties or distributed to any other state department agency fund account other than the Arkansas State Claims Commission fund accounts and the Miscellaneous Revolving Fund. (2)(A) Seventy-five thousand dollars ($75,000) of the one hundred fifty thousand dollars ($150,000) provided in subdivision (c)(1) of this section shall be paid by the appropriate state department agency fund account. (B) The appropriate state department agency shall transfer the necessary funds to the Arkansas State Claims Commission fund accounts for payment. (d) The additional benefits provided in this section shall be paid to the qualified recipient in four (4) equal annual payments, the first of which shall be paid immediately upon entry of the order awarding the benefits, and the next three (3) payments shall be paid in July of the next three (3) fiscal years after the date of the original order of the Arkansas State Claims Commission establishing entitlement to additional payments. (e) Determination of eligibility for the additional payments provided in this section shall be made by the Arkansas State Claims Commission in accordance with Arkansas State Claims Commission rules and procedures. (f)(1) A person who claims a benefit as a qualified recipient under this section to which the beneficiaries of a deceased person are entitled shall submit a notarized affidavit provided by the Arkansas State Claims Commission that: (A) Lists all known surviving children of the decedent, their respective ages, last known addresses, and contact information; and (B) Discloses the existence of any last will and testament of the decedent. (2) If a person who claims a benefit as a qualified recipient fails to list all known surviving children as required by subdivision (f)(1)(A) of this section, the Arkansas State Claims Commission may require that the person return the benefit to the Arkansas State Claims Commission for further proceedings. (g) If a benefit under this section is payable to both the surviving spouse and other eligible persons such as surviving children, the Arkansas State Claims Commission shall hold a hearing to determine how the benefit shall be distributed among the eligible persons if those percentages are not already provided for by law. (h) As used in this section: (1) “Qualified recipient” means a beneficiary of an award or allowance under this section with the following priority for eligibility and distribution to a beneficiary: (A) If the person has a designated beneficiary or beneficiaries, the designated beneficiary or beneficiaries are entitled to the award or allowance, in whatever percentage indicated by the covered public employee; (B) Subject to subdivision (h)(1)(C) of this section, if the person has no designated beneficiary or beneficiaries, the award or allowance shall go to the person's surviving spouse; (C) If the person has a surviving spouse and surviving dependent children, the surviving spouse is entitled to fifty percent (50%) of the award or allowance and the surviving dependent children are entitled to the other fifty percent (50%) of the award or allowance in equal shares; or (D) If the person is unmarried at the date of his or her death: (i) The person's surviving dependent children split the award or allowance in equal shares; (ii) The person's children split the award or allowance in equal shares if there are no surviving dependent children; or (iii) The person's surviving parents split the award or allowance in equal shares if there are no surviving children; and (2) “Surviving dependent children” means children who have not yet reached the age of majority as of the date of the award and children who have a legal incapacity that renders them dependent even after reaching the age of majority.