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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...
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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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45-8A-22.116
Disabled. If the participant is determined to be less than 50 percent disabled, the participant's
disability benefit shall be determined in accordance with paragraph b.1.; provided, however,
such disability benefit shall be reduced by the percent of disability, as determined in accordance
with subsection (c). (2) Effective for Disabilities Occurring On and After October 1, 2012.
a. Subject to paragraph b., a participant who becomes physically or mentally disabled as a
result of bodily injury, disease, or mental disorder received in the line of duty,
which renders such participant incapable of continuing his or her employment as a sworn police
officer or sworn firefighter performing the same duties and having the same responsibilities
as those immediately prior to the time of the disability, shall be entitled to receive a monthly
disability benefit equal to the greater of: 1. Forty percent of the participant's monthly
compensation at the time of such termination from service as a...
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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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31-9-10
Section 31-9-10 Local emergency management organizations; emergency powers of political subdivisions.
(a) Each political subdivision of this state is hereby authorized and directed to establish
a local organization for emergency management in accordance with the state emergency management
plan and program and may confer or authorize the conferring, upon members of the auxiliary
police, the powers of peace officers, subject to such restrictions as shall be imposed. The
governing body of the political subdivision is authorized to appoint a director, who shall
have direct responsibility for the organization, administration, and operation of such local
organization for emergency management, subject to the direction and control of such governing
body. Each local organization for emergency management shall perform emergency management
functions within the territorial limits of the political subdivision within which it is organized,
and, in addition, shall conduct such functions outside of...
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4-3-47
perpetuity) specified in its certificate of incorporation; (2) To sue and be sued in its own
name in civil actions, excepting actions in tort against the authority; (3) To adopt and make
use of a corporate seal and to alter the same at pleasure; (4) To adopt and alter bylaws for
the regulation and conduct of its affairs and business; (5) To acquire, receive, take and
hold, whether by purchase, option to purchase, gift, lease, devise or otherwise, property
of every description, whether real, personal or mixed, whether in one or more counties
and whether within or without the corporate limits of any authorizing subdivision, and to
manage said property and to develop any property and to sell, exchange, lease or grant an
option to purchase any property (whether developed or undeveloped) owned, leased or controlled
by it; (6) To make, enter into, execute and perform such contracts, agreements, leases and
other instruments and to take such other action as may be necessary or convenient to...
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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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11-43-144
Section 11-43-144 Compensation for death or disability of firefighters from occupational diseases.
(a) As used in this section the following words and terms shall have the meanings ascribed
to them herein unless a contrary meaning is indicated by the context: (1) CITY. Any municipality
of the state, regardless of its population. (2) FIREFIGHTER. A person employed as a firefighter
by a city. (3) FIREFIGHTER'S OCCUPATIONAL DISEASE. Any condition or impairment of health caused
by any of the following: a. Hypertension. b. Heart disease. c. Respiratory disease. d. Cancer
which manifests itself in a firefighter during the period in which the firefighter is in the
service of the city, provided the firefighter demonstrates that he or she was exposed, while
in the employ of the city, to a known carcinogen which is reasonably linked to the disabling
cancer, and the cancer shall be presumed to arise out of and in the course of the firefighter's
employment unless the city demonstrates by a...
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6-5-338
Section 6-5-338 Immunity of peace officers and tactical medics from tort liability for conduct
in the line of duty; certain employers of off-duty officers to maintain liability coverage.
(a) Every peace officer and tactical medic, except constables, who is employed or appointed
pursuant to the Constitution or statutes of this state, whether appointed or employed as a
peace officer or tactical medic by the state or a county or municipality thereof, or by an
agency or institution, corporate or otherwise, created pursuant to the Constitution or laws
of this state and authorized by the Constitution or laws to appoint or employ police officers
or other peace officers or tactical medics, and whose duties prescribed by law, or by the
lawful terms of their employment or appointment, include the enforcement of, or the investigation
and reporting of violations of, the criminal laws of this state, and who is empowered by the
laws of this state to execute warrants, to arrest and to take into...
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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...
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