|
36-30-5
Section 36-30-5 Presentation of claims for compensation; forms; rules of evidence and procedure.
(a) All claims for compensation as provided in this article shall be presented to the awarding
authority within two years from the date of the death of the peace officer, firefighter, or
rescue squad member or the claims are forfeited. All such claims shall be presented in the
form prescribed by the awarding authority, and proof of the facts and circumstances of the
peace officer's, firefighter's, or rescue squad member's death and, if necessary, the claimant's
relationship to and dependence upon such peace officer, firefighter, or rescue squad member
shall be made in the manner prescribed by the awarding authority. (b) Notwithstanding the
provisions of subsection (a), any person who was previously ineligible to claim the compensation
provided in this article, but is now eligible to claim the compensation provided in this article
because of the enactment of Act 2008-480, and who is making a...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/36-30-5.htm - 2K - Match Info - Similar pages
36-30-2
failure or refusal to use safety appliances provided by his or her employer or his or her willful
refusal or neglect to perform a statutory duty or any other willful violation of a law or
his or her willful breach of a reasonable rule or regulation governing the performance of
his or her duties or his or her employment of which rule or regulation he or she had knowledge.
Any peace officer, firefighter, volunteer firefighter, or rescue squad member whose death
results proximately from an injury received while performing his or her duties shall,
for the purposes of this article, be deemed to have been killed while in the performance of
such duties. If the State Health Officer determines from all available evidence that a volunteer
firefighter, who is a member of an organized volunteer fire department registered with the
Alabama Forestry Commission, has become totally disabled as a result of any injury
received while engaged in the performance of his or her fire-fighting duties and...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/36-30-2.htm - 4K - Match Info - Similar pages
36-30-3
Section 36-30-3 Payment of compensation - Generally. The compensation payable to surviving
beneficiaries or dependents of peace officers, firefighters, or rescue squad members who are
killed under the circumstances prescribed in Section 36-30-2 shall be paid to the beneficiaries
designated by those peace officers, firefighters, or rescue squad members. If no beneficiaries
have been designated, or if none remain, the compensation shall be paid to the persons entitled
thereto without administration or to a guardian or such other person as the awarding authority
may direct for the use of the persons entitled thereto, as follows: (1) If the deceased peace
officer, firefighter, or rescue squad member leaves a dependent spouse and no other dependents
or partial dependents, the total amount of the compensation provided for in Section 36-30-2
shall be paid to the surviving spouse. (2) If the deceased peace officer, firefighter, or
rescue squad member leaves a dependent spouse and a dependent...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/36-30-3.htm - 5K - Match Info - Similar pages
36-30-7
shall not be construed to give any person a right of action against the State of Alabama in
any court for the recovery of the compensation authorized by this article. This article shall
not be construed to take away any right of action in any court under any other law for the
recovery of damages for the death of a peace officer, firefighter, or rescue squad member;
nor, in the event of the death of a peace officer, firefighter, or rescue squad member who
was an employee of the State of Alabama at the time of the injury which proximately
caused his or her death, shall this article be construed to take away the right or privilege
of the surviving dependents of such peace officer, firefighter, or rescue squad member to
file a claim for damages with the State Board of Adjustment pursuant to any other law. (b)
The decision of the awarding authority shall be final and shall not be subject to appeal or
review by any court. (Acts 1966, Ex. Sess., No. 208, p. 256, §7; Act 2016-385, §1.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/36-30-7.htm - 1K - Match Info - Similar pages
36-30-1
Section 36-30-1 Definitions; dependents; persons eligible for compensation. (a) For the purposes
of this chapter, the following words and phrases shall have the following meanings: (1) AWARDING
AUTHORITY. The State Board of Adjustment, created and existing pursuant to Article 4, Chapter
9 of Title 41. (2) COMPENSATION. The money benefits paid on account of injury or death
which occurred during the course of employment or activity as a peace officer or firefighter
and is in the nature of workers' compensation. (3) DEPENDENT CHILD. An unmarried child under
the age of 18 years, or one over the age of 18 who is physically or mentally incapacitated
from earning. (4) DIRECT AND PROXIMATE RESULT OF A HEART ATTACK OR STROKE. Death resulting
from a heart attack or stroke caused by engaging or participating in a situation while on
duty involving nonroutine stressful or strenuous physical law enforcement, fire suppression,
rescue, hazardous material response, emergency medical service, prison...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/36-30-1.htm - 6K - Match Info - Similar pages
11-44B-41
Section 11-44B-41 Definitions. As used in this article, unless the context indicates otherwise,
the following words, terms, and phrases shall have the meanings ascribed to them: (1) APPOINTING
AUTHORITY. Depending upon the context, either the mayor, who shall appoint all department
heads, or the department heads, who shall appoint all other covered employees pursuant to
the provisions herein. (2) APPOINTMENT. Depending upon the context, selection by the appointing
authority to a covered job or selection by the Governor, Lieutenant Governor, or the Speaker
of the House of Representatives of this state of a person to serve on the board. (3) BASE
PAY. The regular compensation for covered employees as most recently established or authorized
by city ordinance, not to include overtime pay, job assignment pay, incentive pay, bonuses
or any other special, temporary, supplemental, or conditional pay. Base pay is usually expressed
annually, but may also, if so indicated, be expressed biweekly or...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/11-44B-41.htm - 5K - Match Info - Similar pages
40-18-19
payment would be taxable for federal income tax purposes. (7) Net income realized by individuals
and partnerships from time to time in the business of conducting a financial business employing
moneyed capital coming into competition with the business of national banks, but only if such
individuals and partnerships are subject to an excise tax imposed by this state on or with
respect to such income. (8) In the case of a single person or a married person not living
with husband or wife, a personal exemption of one thousand five hundred dollars ($1,500)
or, in the case of a head of a family or a married person living with husband or wife, a personal
exemption of three thousand dollars ($3,000), but a husband and wife living together shall
receive only one personal exemption of three thousand dollars ($3,000) against their
aggregate income, and in case they make separate returns each must claim a personal
exemption of one thousand five hundred dollars ($1,500). (9) a. Three hundred...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/40-18-19.htm - 9K - Match Info - Similar pages
11-40-10.2
Section 11-40-10.2 Rehiring of certain law enforcement officers retired from state or local
law enforcement agency. (a) Notwithstanding any provision of law to the contrary, a Class
5, Class 6, Class 7, or Class 8 municipality may rehire a retired law enforcement officer
to perform duties as needed if the mayor, or town or city council, as appropriate, declares
all of the following: (1) There is a critical personnel shortage such that the rehiring is
necessary to provide public safety services. (2) The retired law enforcement officer retired
from any state or local law enforcement agency within the State of Alabama which subscribes
to the same pension system as the reemploying authority, and has been retired for at least
45 consecutive days prior to reemployment with a municipality. (3) The retired law enforcement
officer, at the time of retirement, met the qualifications as a law enforcement officer provided
in Section 36-21-46, and the standards and rules issued by the Alabama Peace...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/11-40-10.2.htm - 5K - Match Info - Similar pages
13A-11-61.3
Section 13A-11-61.3 Regulation of firearms, ammunition, and firearm accessories. (a) The purpose
of this section is to establish within the Legislature complete control over regulation and
policy pertaining to firearms, ammunition, and firearm accessories in order to ensure that
such regulation and policy is applied uniformly throughout this state to each person subject
to the state's jurisdiction and to ensure protection of the right to keep and bear arms recognized
by the Constitutions of the State of Alabama and the United States. This section is to be
liberally construed to accomplish its purpose. (b) For the purposes of this section, the following
words shall have the following meanings: (1) AMMUNITION. Fixed cartridge ammunition, shotgun
shells, the individual components of fixed cartridge ammunition and shotgun shells, projectiles
for muzzle-loading firearms, and any propellant used in firearms or ammunition. (2) EXPRESSLY
AUTHORIZED BY A STATUTE OF THIS STATE. The authority of...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/13A-11-61.3.htm - 9K - Match Info - Similar pages
44-2-10
Interstate Commission may deem appropriate. The executive director shall serve as secretary
to the Interstate Commission, but shall not be a member and shall hire and supervise such
other staff as may be authorized by the Interstate Commission. Section C. Qualified immunity,
defense and indemnification 1. The Commission's executive director and employees shall be
immune from suit and liability, either personally or in their official capacity, for any claim
for damage to or loss of property or personal injury or other civil liability
caused or arising out of or relating to any actual or alleged act, error, or omission that
occurred, or that such person had a reasonable basis for believing occurred within the scope
of commission employment, duties, or responsibilities; provided, that any such person shall
not be protected from suit or liability for any damage, loss, injury, or liability
caused by the intentional or willful and wanton misconduct of any such person or caused by
acts or...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/44-2-10.htm - 39K - Match Info - Similar pages
|