Ga. Comp. R. & Regs. Department 292 — Georgia State Idemnification Commission

Chapter 292-1 Organization

Ga. Comp. R. & Regs. r. 292-1-.01 Organization

The Georgia State Indemnification Commission (the "Commission") shall consist of eight members to include the Governor, the Secretary of State, the Commissioner of Insurance, the Commissioner of Public Safety, the Commissioner of Corrections, the Commissioner of Human Resources, the President of the Peace Officers Association of Georgia, and the President of the Georgia State Firefighter's Association. The Governor shall be the chairman of the Commission and the Commissioner of the Department of Administrative Services or the Commissioner's designee shall serve as the Executive Director of the Commission. The Commission shall be assigned to the Department of Administrative Services for administrative purposes.

History

• Authority: O.C.G.A. Sec. 45-9-83
• History. Original Rule entitled "Organization of Board" was filed on August 7, 1978; effective August 27, 1978.
• Amended: Filed November 2, 1987; effective November 22, 1987.
• Amended: F. Oct. 7, 1998; eff. Oct. 27, 1998.

Ga. Comp. R. & Regs. r. 292-1-.02 Meetings

(1) The meetings of the Commission shall be at the call of the Chairman and shall be held at a place to be designated by him.

(2) The Commission shall hold meetings at least once a quarter to consider applications for benefits. However, the Commissioner shall not be required to hold any quarterly meeting if no applications are pending for consideration by the Commission.

History

• Authority: O.C.G.A. Sec. 45-9-84
• History. Original Rule entitled "Meetings" adopted. F. Aug. 7, 1978; eff. Aug. 27, 1978.
• Amended: F. Nov. 1, 2002; eff. Nov. 21, 2002.

Ga. Comp. R. & Regs. r. 292-1-.03 Purpose of Commission

The purpose of this Commission is to establish a procedure for providing the indemnification benefits to emergency medical technicians, firefighters, law enforcement officers, prison guards, and emergency management rescue specialists who are killed or permanently disabled in the line of duty as specified in O.C.G.A. 45-9-80et seq. and supplemental temporary disability compensation for law enforcement officers and firefighters injured in the line of duty as specified in O.C.G.A. 45-9-101et seq. Benefits or compensation provided by the Commission shall in no way be deemed workers' compensation benefits and shall in no way satisfy the requirements imposed on employers pursuant to O.C.G.A. 34-9-1et seq.

History

• Authority: O.C.G.A. Secs. 45-9-80, 45-9-101
• History. Original Rule entitled "Purpose of Commission" adopted. F. Nov. 2, 1987; eff. Nov. 22, 1987.
• Amended: F. Oct. 7, 1998; eff. Oct. 27, 1998.
• Amended: F. Nov. 26, 2001; eff. Dec. 16, 2001.

Ga. Comp. R. & Regs. r. 292-1-.04 Definitions

For the purpose of indemnification benefits authorized by O.C.G.A. 45-9-80et seq., as used in these rules, the term:

(a) "Commission" means the Georgia State Indemnification Commission.

(b)

"Emergency medical technician" includes only persons who:

1. are certified as emergency medical technicians, advanced emergency medical technicians, or cardiac technicians by the Board of Human Resources; and

2. are employed in the capacity for which they are so certified by a department, agency, authority, or other instrumentality of state or local government.

(c)

"Firefighter".

1. "Firefighter" means any person who is employed as a professional firefighter on a full-time basis of at least 40 hours per week by any municipal, county, or state government fire department employing three or more firemen and who has the responsibility of preventing and suppressing fires, protecting life and property, enforcing municipal, county, and State fire prevention codes, enforcing any law pertaining to the prevention and control of fires or who performs any acts or actions while on duty or when responding to a fire or emergency during any fire or other emergency or while performing duties intended to protect life and property.

2. "Firefighter" shall also mean any individual serving as an officially recognized or designated member of a legally organized volunteer fire department who performs any acts or actions while on duty or when responding to a fire or emergency during any fire or other emergency or while performing duties intended to protect life and property.

3. "Firefighter" shall also mean any individual employed by a person or corporation which has a contract with a municipal corporation or county to provide fire prevention and fire-fighting services to such municipal corporation or county and any such individual is employed on a full-time basis of at least 40 hours per week and has the responsibility of preventing and suppressing fires.

(d)

"In the line of duty" means:

1. With respect to an emergency medical technician, while on duty and when responding to an emergency or performing duties at the scene of an emergency or transporting a person to a medical facility for emergency treatment;

2. With respect to a fireman, while on duty and when responding to a fire or other emergency or performing duties during any fire or other emergency or performing duties intended to protect life and property;

3. With respect to a law enforcement officer, while on duty and performing services for and receiving compensation from the law enforcement agency which employs such officer. A law enforcement officer who is performing duties for and receiving compensation from a private employer at the time of his death or bodily injury causing permanent disability shall not be considered in the line of duty; or

4. With respect to a prison guard, while on duty and performing services for and receiving compensation from the public agency which employs such prison guard.

(e) "Law enforcement officer" means any agent or officer of this State, or a political subdivision or municipality thereof, who as a full-time or part-time employee, is vested either expressly by law or by virtue of public employment or service with authority to enforce the criminal or traffic laws and whose duties include the preservation of public order, the protection of life and property, or the prevention, detection, or investigation of crime. Such term also includes the employees designated by the Commissioner of Human Resources pursuant to paragraph (2) of subsection (I) of Code Section 49-5-10 , which employees have the duty to investigate and apprehend delinquent and unruly children who have escaped from a facility under the jurisdiction of the Department of Human Resources or who have broken the conditions of supervision.

(f)

"Permanent disability" means disability due to:

1. Loss of both eyes or blindness in both eyes with only light perception;

2. Loss or loss of use of both hands;

3. Loss or loss of use of both legs;

4. Loss of a lower extremity or residuals of organic disease or injury which so affect the functions of balance or propulsion as the preclude locomotion without resort to a wheelchair; or

5. Organic brain damage resulting from direct physical trauma incurred after January 1, 1973, which so affects the mental capacity as to preclude ability to function productively in any employment.

(g) "Prison guard" means any person employed by the State or any political subdivision thereof whose principal duties relate to the supervision and incarceration of persons accused or convicted of the violation of the criminal laws of this State or any political subdivision thereof. Such term shall also mean any probation supervisor or parole officer who is required to be certified under Chapter 8 of Title 35, the "Georgia Peace Officer Standards and Training Act," and whose principal duties directly relate to the supervision of adult probationers or adult parolees. Such term also means any person employed by the State or any political subdivision thereof whose principal duties include the supervision of youth who are charged with or adjudicated for an act which if committed by adults would be considered a crime.

(h) "Emergency management rescue specialist" means any person licensed as an emergency management rescue specialist pursuant to Code Section 38-3-36 .

History

• Authority: O.C.G.A. Sec. 45-9-81
• History. Original Rule entitled "Definitions" adopted. F. Nov. 2, 1987; eff. Nov. 22, 1987.
• Amended: F. Oct. 7, 1998; eff. Oct. 27, 1998.
• Amended: F. Nov, 26, 2001; eff. December 16, 2001.

Ga. Comp. R. & Regs. r. 292-1-.05 Definitions

For the purpose of supplemental temporary disability compensation as authorized by O.C.G.A. 45-9-101et seq., as used in these rules, the term:

(a) "Fireman" means any person who is employed as a professional firefighter on a full-time basis by any municipal, county, or state government fire department employing three or more firemen and who has the responsibility of preventing and suppressing fires, protecting life and property, enforcing municipal, county, and state fire prevention codes, enforcing any law pertaining to the prevention and control of fires or who performs any acts or actions while on duty or when responding to a fire or emergency during any fire or other emergency or while performing duties intended to protect life and property.

(b) "Full-time" means an employee who regularly works 30 hours a week.

(c)

"In the line of duty" means:

(1) With respect to a fireman, while on duty and performing duties during any fire or other emergency or performing duties intended to protect life and property; or

(2) With respect to a law enforcement officer or fireman, while on duty and performing services for and receiving compensation from the law enforcement or fire service agency which employs such officer or fireman, while off duty and responding to any situation which would save a life or preserve the peace, or while preventing or attempting to prevent the commission of a crime or fire. A law enforcement officer or fireman who is performing duties for and receiving compensation from a private employer at the time of such officer's or fireman's bodily injury, but not permanent disability, shall not be considered in the line of duty unless the officer or fireman has left the scope of his or her employment for the private employer for the direct purpose of enforcing or attempting to enforce fire service, the criminal or traffic laws, preserving or attempting to preserve public order, protecting or attempting to protect life or property, preventing or attempting to prevent a crime, detecting or attempting to detect crime, or investigating or attempting to investigate crime. The determination that a law enforcement officer or fireman was disabled in the line of duty and is entitled to compensation pursuant to this part shall not be considered in the determination of the entitlement of such officer to workers' compensation disability, health, or other benefits from such officer's or fireman's public or private employer.

(d) "Injured in the line of duty" means an injury which arises out of or in the course of employment in the line of duty. Going to or from work shall not be considered in the line of duty.

(e) "Law enforcement officer" means any agent or officer of this state, or political subdivision or municipality thereof, who, as a fulltime employee, is vested either expressly by law or by virtue of public employment or service with authority to enforce the criminal or traffic laws and whose duties include the preservation of public order, the protection of life and property, or the prevention, detection, or investigation of crime. Such term also includes prison guards as defined under Code Section 45-9-81 and the employees designated by the commissioner of juvenile justice of the Department of Juvenile Justice pursuant to paragraph (2) of subsection (i) of Code Section 49-4A-8 , which employees have the duty to investigate and apprehend delinquent and unruly children who have escaped from a facility under the jurisdiction of the Department of Juvenile Justice or who have broken the conditions of supervision and employees designated and delegated law enforcement powers by the Public Service Commission pursuant to Code Sections 46-7-28 and 46-11-6, which personnel have the duty to enforce the laws relating to motor carriers and the transportation of hazardous materials.

History

• Authority: O.C.G.A. Sec. 45-9-102
• History. Original Rule entitled "Definitions" adopted. F. Nov. 26, 2001; eff. Dec. 16, 2001.

Chapter 292-2 Payment of Beneficiaries

Ga. Comp. R. & Regs. r. 292-2-.01 Designation of Beneficiaries

Every person eligible under Ga. Laws 1978, p. 1914, et seq., as amended, shall file with the Georgia State Indemnification Commission a designation of the person who is to be their beneficiary under Ga. Laws 1978, p. 1914, et seq., as amended. The application shall be made on forms supplied by the Commission and shall be sent to the Commission via the Georgia Department of Administrative Services, Atlanta, Georgia. The designated beneficiary in the case of a law enforcement officer, fireman, or prison guard permanently disabled in the line of duty shall be the disabled officer, fireman, or guard.

History

• Authority: Ga. L. 1980, pp. 700, 704, 705
• History. Original Rule entitled "Designation of Beneficiaries" was filed on August 7, 1978; effective August 27, 1978.
• Amended: Rule repealed and a new Rule of the same title adopted. Filed July 20, 1981; effective August 9, 1981.

Ga. Comp. R. & Regs. r. 292-2-.02 Form of Benefits Payments

(a) In the case of permanent disability, the emergency medical technician, firefighter, law enforcement officer, prison guard, or emergency management rescue specialist eligible for indemnification pursuant to O.C.G.A. 45-9-80 et seq. may elect payment of $75,000.00 in equal installments over a period of five years or a payment in lump sum which shall consist of $75,000.00 reduced to its present value upon the basis of interest calculated at the rate of 6 percent per annum.

(b) In the case of death, payment shall be made to the estate of the emergency medical technician, firefighter, law enforcement officer, prison guard, or emergency management rescue specialist eligible for indemnification pursuant to O.C.G.A. 45-9-80 et seq. as follows: the executor or administrator may elect payment of $75,000.00 in equal installments over a period of five years or a payment in lump sum which shall consist of $75,000.00 reduced to its present value upon the basis of interest calculated at the rate of 6 percent per annum.

(c) In the case of supplemental temporary disability compensation payable to a law enforcement officer or firefighter pursuant to O.C.G.A. 45-9-101 et seq. , payment shall be made in monthly payments to the law enforcement officer or firefighter so that after accounting for payment of other benefits as set forth in O.C.G.A. 45-9-103(c) , the law enforcement officer or firefighter receives an amount that equals his or her monthly gross salary (minus deductions for state income tax, withholding and FICA tax withholding) which was in effect prior to the date the law enforcement officer or firefighter was injured in the line of duty.

History

• Authority: O.C.G.A. Secs. 45-9-85, 45-9-103
• History. Original Rule entitled "Form of Benefits Payments" adopted. F. Aug. 7, 1978; eff. Aug. 27, 1978.
• Repealed: New Rule of the same title adopted. F. July 20, 1981; eff. August 9, 1981.
• Amended: F. Nov. 2, 1987; eff. Nov. 22, 1987.
• Amended: F. Oct. 7, 1998; eff. Oct. 27, 1998.
• Amended: F. Nov. 26, 2001; eff. Dec. 16, 2001.

Ga. Comp. R. & Regs. r. 292-2-.03 Change of Beneficiary or Method of Payment

Once a beneficiary is designated or a method of payment selected, such designation or selection may only be changed by filing another properly executed form, to be provided by the Commission, with the Commission via the Georgia Department of Administrative Services, Atlanta, Georgia. No such change shall be effective until received by the Commission. If a beneficiary is not designated, payment shall be made to the estate; and if the method of payment is not designated, payment shall be made in lump sum.

History

• Authority: Ga. L. 1980, pp. 700, 704, 705
• History. Original Rule entitled "Change of Beneficiary or Method of Payment" adopted. F. Aug. 7, 1978; eff. Aug. 27, 1978.
• Repealed: New Rule of the same title adopted. F. July 20, 1981; eff. August 9, 1981.

Chapter 292-3 Application for Benefits

Ga. Comp. R. & Regs. r. 292-3-.01 Application for Benefits

(a)

An application for indemnification benefits may be made by:

1. any emergency medical technician, firefighter, law enforcement officer, prison guard, and emergency management rescue specialist who is permanently disabled in the line of duty as specified in O.C.G.A. 45-9-80 et seq. or by

2. the administrator or executor of the estate of any emergency medical technician, firefighter, law enforcement officer, prison guard, and emergency management rescue specialist who is killed in the line of duty as specified in O.C.G.A. 45-9-80 et seq. or by

3. a law enforcement officer or firefighter injured in the line of duty as specified in O.C.G.A. 45-9-101 et seq.

(b) An application for benefits shall be made on forms provided by the Department of Administrative Services. Any person who believes that they may be entitled to an indemnification benefit should request an application from the Department of Administrative Services.

(c) In all cases, the Department of Administrative Services will require a complete copy of the workers' compensation records of the emergency medical technician, firefighter, law enforcement officer, prison guard, or emergency management rescue specialist who is killed or permanently disabled in the line of duty as set forth in O.C.G.A. 45-9-80 et seq. or a complete copy of the workers' compensation records of the law enforcement officer or firefighter seeking supplemental temporary disability compensation pursuant to O.C.G.A. 45-9-101 et seq.

(d) In cases involving an emergency medical technician, a firefighter, a law enforcement officer, a prison guard, or an emergency management rescue specialist who is killed in the line of duty, the Department of Administrative Services will always require 1) a certified copy of the death certificate of the individual and 2) proof that the person submitting the application is the administrator or executor of the estate of the individual.

(e) In cases involving an emergency medical technician, a firefighter, a law enforcement officer, a prison guard, or an emergency management rescue specialist who is permanently disabled in the line of duty, the Department of Administrative Services will always require 1) proof of permanent disability and 2) proof that the person submitting the application is the individual who was permanently disabled in the line of duty.

(f) In cases involving an emergency medical technician, a firefighter, a law enforcement officer, a prison guard, or an emergency management rescue specialist who is permanently disabled in the line of duty and the permanent disability results in the incapacitation of the individual, the Department of Administrative Services will always require 1) proof of disability and 2) proof that the person submitting the application is authorized to act on behalf of the individual who was permanently disabled in the line of duty.

(g) In cases involving a law enforcement officer or firefighter seeking benefits pursuant to O.C.G.A. 45-9-101 et seq. , the Department of Administrative Services will require a sworn statement that the applicant has disclosed all sources of compensation described in O.C.G.A. 45-9-103(c) as well as authorization from the applicant for the Department of Administrative Services to review records associated with such sources of compensation.

(h) In all cases, the Department of Administrative Services may require or obtain additional information if necessary.

History

• Authority: O.C.G.A. Secs. 45-9-85, 45-9-86, 45-9-103, 45-9-104
• History. Original Rule entitled "Application for Benefits" adopted. F. Aug. 7, 1978; eff. Aug. 27, 1978.
• Repealed: New Rule of the same title adopted. F. July 20, 1981; eff. August 9, 1981.
• Amended: F. Nov. 2, 1987; eff. Nov. 22, 1987.
• Amended: F. Oct. 7, 1998; eff. Oct. 27, 1998.
• Amended: F. Nov. 26, 2001; eff. Dec. 16, 2001.

Ga. Comp. R. & Regs. r. 292-3-.02 Applications by Other Designated Beneficiaries

Any designated beneficiary of any person as defined in Ga. Laws 1978, p. 1914, et seq., as amended, killed in the line of duty or any officer disabled in the line of duty shall make application on forms supplied by the Commission. Such application or other suitable notice must be filed with the Commission as set forth in Rule 292-3-.01 next preceding.

History

• Authority: Ga. L. 1980, pp. 700, 705, 706
• History. Original Rule entitled "Applications by Other Designated Beneficiaries" adopted. F. Aug. 7, 1978; eff. Aug. 27, 1978.
• Repealed: New Rule of same title adopted. F. July 20, 1981; eff. August 9, 1981.

Chapter 292-4 Administration

Ga. Comp. R. & Regs. r. 292-4-.01 Administration

(a) Upon receipt of a completed application, the Department of Administrative Services will evaluate the application and any other pertinent documents submitted by the applicant or obtained by the Department of Administrative Services.

(b) Unless the applicant is otherwise informed in writing, the Department of Administrative Services will complete its review and any necessary investigation within 30 (thirty) days of the date that the Department of Administrative Services receives the completed application. Once the Department of Administrative Services has completed its investigation, the Department of Administrative Services will notify the applicant of the results of the investigation. The applicant's claim will be heard at the next regularly scheduled Commission meeting.

History

• Authority: O.C.G.A. Secs. 45-9-84.1, 45-9-104
• History. Original Rule entitled "Administration" adopted. F. Aug. 7, 1978; eff. Aug. 27, 1978.
• Repealed: New Rule of same title adopted. F. July 20, 1981; eff. August 9, 1981.
• Repealed: New Rule of same title adopted. F. Dec. 13, 1989; eff. Jan. 2, 1990.
• Amended: F. Oct. 7, 1998; eff. Oct. 27, 1998.
• Amended: F. Nov. 26, 2001; eff. Dec. 16, 2001.
• Amended: F. Nov. 1, 2002; eff. Nov. 21, 2002.

Ga. Comp. R. & Regs. r. 292-4-.02 Subpoenas

Upon application from the Department of Administrative Services, any member of the Commission shall be authorized to issue subpoenas for such documentary or other evidence which the Department of Administrative Services deems necessary to conduct the investigation provided for in the rule next preceding. Subpoenas will be enforced, as provided by law, including the Georgia Administrative Procedures Act O.C.G.A. 50-13-1et seq.

History

• Authority: O.C.G.A. Sec. 45-9-84
• History. Original Rule entitled "Special Masters" adopted. F. Aug. 7, 1978; eff. Aug. 27, 1978.
• Repealed: New Rule entitled "Subpoenas" adopted. F. July 20, 1981; eff. August 9, 1981.
• Amended: F. Oct. 7, 1998; eff. Oct. 27, 1998.

Ga. Comp. R. & Regs. r. 292-4-.03 Reserved

History

• Authority: O.C.G.A. Secs. 45-9-84, 45-9-104
• History. Original Rule entitled "Appeal from the Decision of the Special Master" adopted. F. Aug. 7, 1978; eff. Aug. 27, 1978.
• Repealed: New Rule entitled "Special Masters" adopted. F. July 20, 1981; eff. August 9, 1981.
• Amended: F. Oct. 7, 1998; eff. Oct. 27, 1998.
• Amended: F. Nov. 26, 2001; eff. Dec. 16, 2001.
• Repealed: Rule reserved. F. Nov. 1, 2002; eff. Nov. 21, 2002.

Ga. Comp. R. & Regs. r. 292-4-.04 Appeal from the Decision of the Commission

If the Commission disapproves the applicant's application, the applicant may appeal the Commission's decision to the Superior Court in accordance with O.C.G.A. 50-13-1 et. seq.

History

• Authority: O.C.G.A. Secs. 45-9-83, 50-13-1
• History. Original Rule entitled "Filing of Documents" adopted. F. Aug. 7, 1978; eff. Aug. 27, 1978.
• Repealed: New Rule entitled "Appeal From the Decision of the Special Master" adopted. F. July 20, 1981; eff. August 9, 1981.
• Amended: F. Oct. 7, 1998; eff. Oct. 27, 1998.
• Amended: Rule retitled "Appeal from the Decision of the Commission". F. Nov. 1, 2002; eff. Nov. 21, 2002.

Ga. Comp. R. & Regs. r. 292-4-.05 Filing of Documents

Any and all documents which the applicant wishes to have brought to the attention of the Commission shall be filed with the Commission via the Department of Administrative Services.

History

• Authority: O.C.G.A. Secs. 45-9-83, 45-9-84.1
• History. Original Rule entitled "Filing of Documents" adopted. F. July 20, 1981; eff. August 9, 1981.
• Amended: F. Oct. 7, 1998; eff. Oct. 27, 1998.
• Amended: F. Nov. 1, 2002; eff. Nov. 21, 2002.

Chapter 292-5 Special Masters

Ga. Comp. R. & Regs. r. 292-5-.01 Special Masters

The Commission may from time to time appoint special masters to hear claims referred to them by the Commission. The special masters shall be attorneys at law, who shall be in good standing with the State Bar of Georgia and who shall have practiced in the State of Georgia for three or more years.

History

• Authority: Ga. L. 1978, pp. 1914, 1917
• History. Original Rule entitled "Special Masters" was filed on August 7, 1978; effective August 27, 1978.

Ga. Comp. R. & Regs. r. 292-5-.02 Special Masters Compensation

The special master shall be reimbursed for out-of-pocket expenses and shall be paid at an hourly rate which shall be established by the Commission for services rendered.

History

• Authority: Ga. L. 1981, pp. 477, 479
• History. Original Rule entitled "Special Masters Compensation" was filed on July 20, 1981; effective August 9, 1981.

Chapter 292-6 Subrogation

Ga. Comp. R. & Regs. r. 292-6-.01 Subrogation

Any claimant making an application to the Commission for indemnification shall execute whatever documents the Commission requires, subrogating the Commission to whatever claim the claimant might have against the person or persons causing the involved person's death. By making application for indemnification, the claimant agrees to cooperate in whatever way necessary to insure that the State effectively pursue recovery from any person or persons who might be liable for the death of the person.

History

• Authority: Ga. L. 1978, pp. 1914, 1918
• History. Original Rule entitled "Subrogation" was filed on August 7, 1978; effective August 27, 1978.