Senate Amendment 1
S 108 - Session 125 (2023-2024)
Death Benefits for Law Enforcement Killed in the Line of Duty

Senators McElveen, Gambrell, Davis, Harpootlian, Reichenbach, M. Johnson, and Adams propose the following amendment (SF-108.CH0004S):

Amend the bill, as and if amended, SECTION 1, by striking Section 9-1-1770(D)(1) and (2) and inserting:

(1) For the purposes of this subsection, the term 'first responder' means an emergency medical services provider or volunteer provider, a law enforcement officer or volunteer officer who meets the requirements of Section 23-23-10(E)(1) of the Code of Laws and who is certified by the South Carolina Law Enforcement Training Council , a fire department worker or volunteer worker, a coroner, or a deputy coroner directly engaged in examining, treating, or directing persons during an emergency.

(2) Upon receipt by the system of the satisfactory proof of death of a member of the system whose employer participates in the Preretirement Death Benefit Program and whose death was a natural and proximate result of an injury by external accident or violence incurred while undergoing a hazard peculiar to the member's employment as a first responder while in the actual performance of his duty, provided that his death is not the result of the member's willful negligence, suicide, or intentionally self-inflicted bodily injury, there must be paid to the member's designated beneficiary a one time, lump sum benefit payment of seventy five thousand dollars.

Amend the bill further, SECTION 1, Section 9-1-1770(D), by adding an item to read:

(6) Payments made pursuant to this subsection to a beneficiary of an emergency medical services provider volunteer, a law enforcement officer volunteer, or a fire department volunteer must be paid from the State Accident Fund with a verification and disbursement process identical to the manner in items (2)-(4).

(7) Any benefits paid pursuant to this subsection are not subject to subrogation, assignment, set-off, or lien claimed pursuant to Section 42-1-560.

Amend the bill further, SECTION 2, by striking Section 9-11-120(E)(1) and (2) and inserting:

(1) For the purposes of this subsection, the term 'first responder' means an emergency medical services provider or volunteer provider, a law enforcement officer or volunteer officer who meets the requirements of Section 23-23-10(E)(1) of the Code of Laws and who is certified by the South Carolina Law Enforcement Training Council, a fire department worker or volunteer worker, a coroner, or a deputy coroner directly engaged in examining, treating, or directing persons during an emergency.

(2) Upon receipt by the system of the satisfactory proof of death of a member of the system whose employer participates in the Preretirement Death Benefit Program and whose death was a natural and proximate result of an injury by external accident or violence incurred while undergoing a hazard peculiar to the member's employment as a first responder while in the actual performance of his duty, provided that his death is not the result of the member's willful negligence, suicide, or intentionally self-inflicted bodily injury, there must be paid to the member's designated beneficiary a one time, lump sum benefit payment of seventy five thousand dollars.

Amend the bill further, SECTION 2, Section 9-11-120(E), by adding an item to read:

(6) Payments made pursuant to this subsection to a beneficiary of an emergency medical services provider volunteer, a law enforcement officer volunteer, or a fire department volunteer must be paid from the State Accident Fund with a verification and disbursement process identical to the manner in items (2)-(4).

(7) Any benefits paid pursuant to this subsection are not subject to subrogation, assignment, set-off, or lien claimed pursuant to Section 42-1-560.