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...
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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...
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36-30-2
Section 36-30-2 Deaths deemed compensable; compensation for total disability; amount of compensation. (a) In the event a peace officer, a firefighter, a volunteer firefighter who is a member of an organized volunteer fire department registered with the Alabama Forestry Commission, or a rescue squad member is killed, either accidentally or deliberately, or dies as a result of injuries received while engaged in the performance of his or her duties, or dies as a direct and proximate result of a heart attack or stroke, his or her beneficiaries or dependents shall be entitled to compensation in the amount of one hundred thousand dollars ($100,000) to be paid from the State Treasury as provided in Section 36-30-3, unless such death was caused by the willful misconduct of the officer, firefighter, or rescue squad member or was due to his or her own intoxication or his or her willful failure or refusal to use safety appliances provided by his or her employer or his or her willful refusal or...
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36-30-4
Section 36-30-4 Payment of compensation - Paid only to residents of United States. Compensation pursuant to this article for the death of a peace officer, firefighter, or rescue squad member shall be paid only to his or her designated beneficiaries or dependents who at the time of such officer's, firefighter's, or rescue squad member's death were actually residents of the United States. (Acts 1966, Ex. Sess., No. 208, p. 256, §4; Act 2008-480, p. 1047, §2; Act 2016-385, §1.)...
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36-30-7
Section 36-30-7 Construction of article; decision of awarding authority final. (a) This article 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...
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36-21-102
Section 36-21-102 Tuition benefits; eligibility. When a full-time law enforcement officer or full-time firefighter employed by the state, by any county, or by any municipality, a volunteer firefighter, or a rescue squad member is or was killed or becomes totally disabled in the line of duty, free tuition for undergraduate study at any state college, state community college, state junior college, state technical college, in the State of Alabama, and other costs officially prescribed for the classes in the course of study, shall be paid for the following: (1) Any dependent child, natural or adopted, under 21 years of age at the time of death or total disability of the law enforcement officer, firefighter, or rescue squad member. (2) A spouse who has not remarried, provided initial enrollment is within five years of the death or total disability of the law enforcement officer, firefighter, volunteer firefighter, or rescue squad member. (Acts 1987, No. 87-609, p. 1058, §3; Act 99-448, p....
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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...
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36-27-59
Section 36-27-59 Award of hazardous duty time; purchase of credit under Employees' or Teachers' Retirement System. (a) When used in this section, the following terms shall have the following meanings, unless the context clearly indicates otherwise: (1) CORRECTIONAL OFFICER. A full-time correctional officer who is certified as a correctional officer by the Alabama Peace Officers' Standards and Training Commission. (2) FIREFIGHTER. A full-time firefighter employed with the State of Alabama, a municipal fire department, or a fire district who has a level one minimum standard certification by the Firefighters Personnel Standards and Education Commission, or a firefighter employed by the Alabama Forestry Commission who has been certified by the State Forester as having met the wild land firefighter training standard of the National Wildfire Coordinating Group. (3) LAW ENFORCEMENT OFFICER. A full-time law enforcement officer, not covered as a state policeman, employed with any state agency,...
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27-1-23
Section 27-1-23 Motor vehicle accidents by certain public safety officers. (a) A personal auto insurance carrier of a full-time law enforcement officer or firefighter of a municipality or a county or the State of Alabama or a member of a volunteer fire department, volunteer rescue squad, or volunteer emergency medical service shall not consider any motor vehicle accident of the full-time law enforcement officer or firefighter or member of a volunteer fire department, volunteer rescue squad, or volunteer emergency medical service in fixing insurance premiums or cause any increase in the employee's personal automobile insurance premiums if, at the time of the accident, any of the following conditions exist: (1) The full-time law enforcement officer or firefighter or member of a volunteer fire department, volunteer rescue squad, or volunteer emergency medical service was acting as an agent of the governmental employer or of the volunteer fire department, volunteer rescue squad, or...
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36-27-16
Section 36-27-16 Retirement, etc., of employees; retirement allowances. (a)(1) RETIREMENT, ETC., OF EMPLOYEES GENERALLY; ELIGIBILITY FOR SERVICE RETIREMENT BENEFITS. a. Any Tier I plan member who withdraws from service upon or after attainment of age 60 and any Tier II plan member who withdraws from service upon or after attainment of age 62 may retire upon written application to the Board of Control setting forth at what time, not less than 30 days nor more than 90 days subsequent to the execution and filing thereof, he or she desires to be retired; provided, that any such member who became a member on or after October 1, 1963, shall have completed 10 or more years of creditable service; provided further, that a Tier I plan member employed as a state policeman shall be eligible to file application for service retirement upon attaining age 52 and a Tier II plan member employed as a state policeman or employed as a correctional officer, firefighter, or law enforcement officer as defined...
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