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AS PASSED BY SENATE S.89 Page 1 of 4 S.89 An act relating to expanding survivor benefits It is hereby enacted by the General Assembly of the State of Vermont:
BILL AS INTRODUCED AND PASSED BY SENATE S.89 Page 1 of 6 S.89 Introduced by Senator Vyhovsky Referred to Committee on Government Operations Date:
February 25, 2025 Subject:
Public safety;
survivorsʼ benefits Statement of purpose of bill as introduced:
This bill proposes to extend survivors’ benefits to survivors of law enforcement officers, Department of Corrections employees, Family Services Division employees, and employees in State-operated therapeutic community residences or inpatient psychiatric hospital units who die while in the line of duty or from an occupation-related illness.
An act relating to expanding survivor benefits It is hereby enacted by the General Assembly of the State of Vermont:
SHORT TITLE This act may be cited as “Jessica’s Law.” Sec.
2.
* * * (3) “Emergency personnel” means:
* * * BILL AS INTRODUCED AND PASSED BY SENATE S.89 Page 2 of 6 (3) “Emergency personnel” means:
(E) classified family services employees in the Family Services Division of the Department for Children and Families;
(E) classified employees of the Family Services Division of the Department for Children and Families;
and (F) classified medical employees of State-operated therapeutic community residences or inpatient psychiatric hospital units.
and (F) classified employees of State-operated therapeutic community residences or inpatient psychiatric hospital units.
VT LEG #388282 v.1 AS PASSED BY SENATE S.89 Page 2 of 4 (4) “Line of duty” means:
(4) “Line of duty” means:
or (B)(ii) similar service in another town or district to which the department or service has been called for firefighting or emergency purposes.;
BILL AS INTRODUCED AND PASSED BY SENATE S.89 Page 3 of 6 (B) with respect to law enforcement officers:
(i) service as a law enforcement officer in answer to a complaint lodged with the department or in response to a disorder, including going to, returning from, and investigating or responding to the complaint or disorder;
or (ii) service under orders from the department or in any emergency for which the law enforcement officer serves as a law enforcement officer;
(C) with respect to covered employees of the Department of Corrections, discharging their duties as employees;
(D) with respect to classified employees of the Family Services Division of the Department for Children and Families, discharging their duties as employees;
and (E) with respect to classified employees of State-operated therapeutic community residences or inpatient psychiatric hospital units, discharging their duties as employees.
* * * Sec.
3.
20 V.S.A.
§ 3172 is amended to read:
§ 3172.
EMERGENCY PERSONNEL SURVIVORS BENEFIT REVIEW BOARD * * * BILL AS INTRODUCED AND PASSED BY SENATE S.89 Page 4 of 6 (c) If the Board decides to award a monetary benefit, the benefit shall be paid to the surviving spouse or, if the emergency personnel had no spouse at the time of death, to the surviving child, or equally among surviving children.
If the deceased emergency personnel is not survived by a spouse or child, the benefit shall be paid to a surviving parent, or equally between surviving parents.
If the deceased emergency personnel is not survived by a spouse, children, or parents, the Board shall not award a monetary benefit under this chapter.
(d) Upon a Board decision to award a monetary benefit under this chapter, the Treasurer shall make payment to the beneficiaries as described in subsection (c) of this section.
The Treasurer shall have up to one year from the date of receiving the claim to disburse the funds.
* * * Sec.
4.
EFFECTIVE DATE This act shall take effect on July 1, 2025.
Sec.
1.
20 V.S.A.
§ 3171 is amended to read:
§ 3171.
DEFINITIONS As used in this chapter:
* * * (3) “Emergency personnel” means:
(A) firefighters as defined in subdivision 3151(3) of this title;
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and (B) emergency medical personnel and volunteer personnel as defined in 24 V.S.A.
§ 2651;
BILL AS INTRODUCED AND PASSED BY SENATE S.89 Page 5 of 6 (C) law enforcement officers who have been certified by the Vermont Criminal Justice Council pursuant to section 2358 of this title;
(D) facility employees of the Department of Corrections and Department of Corrections employees who provide direct security and treatment services to offenders under supervision in the community;
(E) classified employees of the Family Services Division of the Department for Children and Families;
and (E) classified family services employees in the Family Services Division of the Department for Children and Families;
and (F) classified employees of State-operated therapeutic community residences or inpatient psychiatric hospital units.
(F) classified medical employees of State-operated therapeutic community residences or inpatient psychiatric hospital units.
(4) “Line of duty” means:
(A) answering or returning from with respect to firefighters, emergency medical personnel, and volunteer personnel:
(i) service in answer to a call of the department or service for a fire or emergency or, including going to and returning from a fire or emergency or participating in a fire or emergency training drill;
and VT LEG #388282 v.1 AS PASSED BY SENATE S.89 Page 3 of 4 (E) with respect to classified medical employees of State-operated therapeutic community residences or inpatient psychiatric hospital units, discharging their duties as employees.
and (E) with respect to classified medical employees of State-operated therapeutic community residences or inpatient psychiatric hospital units, discharging their duties as employees.
* * * Sec.
BILL AS INTRODUCED AND PASSED BY SENATE S.89 Page 6 of 6 * * * Sec.
§ 3172 is amended to read:
§ 3172.
EMERGENCY PERSONNEL SURVIVORS BENEFIT REVIEW BOARD * * * (c) If the Board decides to award a monetary benefit, the benefit shall be paid to the surviving spouse or, if the emergency personnel had no spouse at the time of death, to the surviving child, or equally among surviving children.
If the deceased emergency personnel is not survived by a spouse or child, the benefit shall be paid to a surviving parent, or equally between surviving parents.
If the deceased emergency personnel is not survived by a spouse, children, or parents, the Board shall not award a monetary benefit under this chapter.
(d) Upon a Board decision to award a monetary benefit under this chapter, the Treasurer shall make payment to the beneficiaries as described in subsection (c) of this section.
The Treasurer shall have up to one year from the date of receiving the claim to disburse the funds.
Sec.
2.
20 V.S.A.
§ 133, transfer into the Fund additional amounts necessary to pay the monetary benefits.
§ 133, transfer into the Fund additional amounts necessary to pay the monetary benefits.
* * * VT LEG #388282 v.1 AS PASSED BY SENATE S.89 Page 4 of 4 Sec.
* * * Sec.
VT LEG #388282 v.1
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