Compensation for death of emergency responder in line of duty

Tenn. Code Ann. § 7-51-210, under Employee Compensation and Indemnification.

Tenn. Code Ann. § 7-51-210

(a) For the purposes of this section, unless the context otherwise requires:(1) “Electrical lineman” means an individual who:(A) Installs, maintains, or repairs electrical transmission and power distribution systems; and(B) Is employed by a municipality, county, utility district, or other local governmental entity;(2) “Emergency medical technician” means an emergency medical technician advanced and paramedic;(3) “Emergency responder” means a firefighter, emergency medical technician, a volunteer rescue squad worker, or law enforcement officer;(4) “Firefighter” means any regular or full-time employee of a fire department as defined in § 68-102-302, or any unpaid volunteer member of a municipal or nonprofit fire department who is registered and recognized by the state fire marshal and who is required to extinguish and control fires or fire-related incidents;(5) “In the line of duty” means in the course of employment and in the actual discharge of the duties of the position;(6) “Law enforcement officer” means the sheriff, sheriff's deputies, a deputy jailer, or any police officer employed, commissioned, or appointed by this state, a municipality, or political subdivision of this state whose primary responsibility is the prevention and detection of crime and the apprehension of offenders, as well as those whose responsibility is the supervision of those who have been charged with a criminal offense; and(7) “Volunteer rescue squad worker” means any person who is trained in emergency and rescue work and who performs such work without compensation in a unit that is equipped to address such situations.

(1) “Electrical lineman” means an individual who:(A) Installs, maintains, or repairs electrical transmission and power distribution systems; and(B) Is employed by a municipality, county, utility district, or other local governmental entity;

(A) Installs, maintains, or repairs electrical transmission and power distribution systems; and

(B) Is employed by a municipality, county, utility district, or other local governmental entity;

(2) “Emergency medical technician” means an emergency medical technician advanced and paramedic;

(3) “Emergency responder” means a firefighter, emergency medical technician, a volunteer rescue squad worker, or law enforcement officer;

(4) “Firefighter” means any regular or full-time employee of a fire department as defined in § 68-102-302, or any unpaid volunteer member of a municipal or nonprofit fire department who is registered and recognized by the state fire marshal and who is required to extinguish and control fires or fire-related incidents;

(5) “In the line of duty” means in the course of employment and in the actual discharge of the duties of the position;

(6) “Law enforcement officer” means the sheriff, sheriff's deputies, a deputy jailer, or any police officer employed, commissioned, or appointed by this state, a municipality, or political subdivision of this state whose primary responsibility is the prevention and detection of crime and the apprehension of offenders, as well as those whose responsibility is the supervision of those who have been charged with a criminal offense; and

(7) “Volunteer rescue squad worker” means any person who is trained in emergency and rescue work and who performs such work without compensation in a unit that is equipped to address such situations.

(b) The estate of any emergency responder or electrical lineman who is killed in the line of duty shall be entitled to receive a two-hundred-fifty-thousand-dollar annuity, with the estate receiving an annual installment of fifty thousand dollars ($50,000) for five (5) years. The emergency responder or electrical lineman must have been current in any required training and physical exams at the time the death occurred for the estate to receive the payment. Payment shall be made from the general fund after receipt by the department of finance and administration of a certified death certificate, letters testamentary or letters of administration for the estate of the deceased from a probate court, and an affidavit from the decedent's employer or volunteer unit that the decedent was killed in the line of duty.

(c) A claim for payment of an annuity pursuant to this section must be filed with the department of finance and administration no later than three (3) years after the later of the following:(1) The date of death of the decedent; or(2) The date of a final order or other determination designating the decedent's death as being in the line of duty that is issued by a court, administrative law judge, or other state or local government official, entity, or body with the authority to issue such order or determination.

(1) The date of death of the decedent; or

(2) The date of a final order or other determination designating the decedent's death as being in the line of duty that is issued by a court, administrative law judge, or other state or local government official, entity, or body with the authority to issue such order or determination.

(d) A person's estate is only entitled to receive one (1) two-hundred-fifty-thousand-dollar annuity, regardless of the person being in more than one (1) category of emergency responder, or being both an emergency responder and an electrical lineman.

(e) (1) A denial of a claim made under this section by the estate of a law enforcement officer is subject to review by the Tennessee peace officer standards and training commission within one (1) year of the date of the denial. The commission has the authority to review the claim and issue a final order or other determination which is binding upon this state. The commission shall cause copies of the final order or determination to be delivered to the claimant's estate and the department of finance and administration.(2) A denial of a claim made under this section by the estate of a firefighter or volunteer rescue squad worker is subject to review by the commission on firefighting personnel standards and education within one (1) year of the date of the denial. The commission has the authority to review the claim and issue a final order or other determination which is binding upon this state. The commission shall cause copies of the final order or determination to be delivered to the claimant's estate and the department of finance and administration. The commissioner shall not participate in the commission's review of a denied claim; except, that the commissioner may offer testimony regarding the commissioner's reasons for denying the claim, if requested by the commission.(3) A denial of a claim made under this section by the estate of an emergency medical technician is subject to review by the Tennessee emergency medical services board within one (1) year of the date of the denial. The board has the authority to review the claim and issue a final order or other determination which is binding upon this state. The board shall cause copies of the final order or determination to be delivered to the claimant's estate and the department of finance and administration.

(1) A denial of a claim made under this section by the estate of a law enforcement officer is subject to review by the Tennessee peace officer standards and training commission within one (1) year of the date of the denial. The commission has the authority to review the claim and issue a final order or other determination which is binding upon this state. The commission shall cause copies of the final order or determination to be delivered to the claimant's estate and the department of finance and administration.

(2) A denial of a claim made under this section by the estate of a firefighter or volunteer rescue squad worker is subject to review by the commission on firefighting personnel standards and education within one (1) year of the date of the denial. The commission has the authority to review the claim and issue a final order or other determination which is binding upon this state. The commission shall cause copies of the final order or determination to be delivered to the claimant's estate and the department of finance and administration. The commissioner shall not participate in the commission's review of a denied claim; except, that the commissioner may offer testimony regarding the commissioner's reasons for denying the claim, if requested by the commission.

(3) A denial of a claim made under this section by the estate of an emergency medical technician is subject to review by the Tennessee emergency medical services board within one (1) year of the date of the denial. The board has the authority to review the claim and issue a final order or other determination which is binding upon this state. The board shall cause copies of the final order or determination to be delivered to the claimant's estate and the department of finance and administration.

(f) A denial of a claim made under this section by the estate of an electrical lineman is subject to review by the department of finance and administration within ninety (90) days of the denial. The department of finance and administration has the authority to review the claim and issue a final order, which is binding upon this state. The department of finance and administration shall cause copies of the final order to be delivered to the claimant's estate and the department of finance and administration.