100B.31 - VOLUNTEER EMERGENCY SERVICES PROVIDER DEATH BENEFIT -- ELIGIBILITY.
100B.31 VOLUNTEER EMERGENCY SERVICES PROVIDER DEATH
BENEFIT -- ELIGIBILITY.
1. There is appropriated annually from the general fund of the
state to the department of administrative services an amount
sufficient to pay death benefit claims under this section. The
director of the department of administrative services shall issue
warrants for payment of death benefit claims approved for payment by
the department of public safety under subsection 2.
2. a. If the department of public safety determines, upon the
receipt of evidence and proof from the fire chief or supervising
officer, that the death of a volunteer emergency services provider
was the direct and proximate result of a traumatic personal injury
incurred in the line of duty as a volunteer, a line of duty death
benefit in an amount of one hundred thousand dollars shall be paid in
a lump sum to the volunteer emergency services provider's
beneficiary. A line of duty death benefit payable under this
subsection shall be in addition to any other death benefit payable to
the volunteer emergency services provider.
b. A line of duty death benefit shall not be payable under
this subsection if any of the following applies:
(1) (a) The death resulted from stress, strain, occupational
illness, or a chronic, progressive, or congenital illness, including
but not limited to a disease of the heart, lungs, or respiratory
system, unless a traumatic personal injury was a substantial
contributing factor to the volunteer emergency services provider's
death.
(b) However, if the death was the direct and proximate result of
a heart attack or stroke, the volunteer emergency services provider
shall be presumed to have died as a result of a traumatic personal
injury if the provider engaged in a nonroutine stressful or strenuous
physical activity within the scope of the provider's duties and the
death resulted while engaging in that activity, while still on duty
after engaging in that activity, or not later than twenty-four hours
after engaging in that activity, and the presumption is not overcome
by competent medical evidence to the contrary. For purposes of this
subparagraph division, "nonroutine stressful or strenuous physical
activity" includes but is not limited to nonroutine stressful or
strenuous physical law enforcement, fire suppression, rescue,
hazardous material response, emergency medical services, prison
security, disaster relief, emergency response, and training exercise
activities. "Nonroutine stressful or strenuous physical
activity" does not include activities of a clerical,
administrative, or nonmanual nature.
(2) The death was caused by the intentional misconduct of the
volunteer emergency services provider or by such provider's intent to
cause the provider's own death.
(3) The volunteer emergency services provider was voluntarily
intoxicated at the time of death.
(4) The volunteer emergency services provider was performing the
provider's duties in a grossly negligent manner at the time of death.
(5) A beneficiary who would otherwise be entitled to a benefit
under this subsection was, through the beneficiary's actions, a
substantial contributing factor to the volunteer emergency services
provider's death.
3. For purposes of this section, "volunteer emergency services
provider" means any of the following:
a. A volunteer fire fighter as defined in section 85.61.
b. A person performing the functions of an emergency medical
care provider or emergency rescue technician as defined in section
147A.1 who was not paid full-time by the entity for which such
services were being performed at the time the incident giving rise to
the death occurred.
c. A reserve peace officer as defined in section 80D.1A. sp;
Section History: Recent Form
2000 Acts, ch 1232, §97
C2001, §100B.11
2002 Acts, ch 1079, §1, 3; 2003 Acts, ch 145, §286; 2004 Acts, ch
1063, §1; 2006 Acts, ch 1103, §3
C2007, §100B.31
2009 Acts, ch 41, §263
Referred to in § 80.9, 97A.6, 97B.52, 99B.8, 411.6