KRS 95A.070: Payments for insurance coverage of firefighters permanently and totally

disabled in line of duty -- Documentation -- Reduction in payments if

firefighter has other coverage -- Procedure upon termination of disability or

coverage -- Administrative regulations -- Penalty for providing false

information -- Proration if funds insufficient.

(1) If a firefighter as defined in KRS 61.315 is, before, on, or after July 15, 2002,

permanently and totally disabled as defined in KRS 342.0011 as a direct result of

activities in the line of duty, then the firefighter shall be entitled to receive a

monthly payment to be paid by the State Treasurer from the general fund

appropriation to the police and firefighter -life insurance category contained in

miscellaneous appropriations of the state/executive branch budget of:

(a) Three hundred dollars ($300) to help defray the costs of life insurance; and

(b) Three hundred dollars ($300) to help defray the costs of health insurance.

(2) In order to receive the monthly payment, the firefighter must present to the

Kentucky Fire Commission:

(a) A written statement from the fire chief of the fire department under whose

command the firefighter was at the time of injury stating the fact that the

firefighter was on active dut y and on assignment with that fire department

when the injury occurred; and

(b) A written statement from at least two (2) licensed and practicing physicians

stating that the member is totally and likely to be permanently disabled as

defined in KRS 342.0011; and

(c) Proof, in a form satisfactory to the commission, that the firefighter has either

or both active life and health insurance policies.

(3) (a) If a firefighter, either through a settlement of any kind or through any other

source, has life insurance provided at no cost, then the firefighter shall not be

eligible to receive the life insurance payment described in subsection (1)(a) of

this section. If a firefighter receives partial payment of life insurance, and the

portion of the payment that the firef ighter is responsible for is less than the

amount stated in subsection (1) of this section, then the firefighter shall only

receive that portion of the payment to pay for the cost of the insurance.

(b) If a firefighter, either through a settlement of any k ind or through any other

source, has health insurance provided at no cost, then the firefighter shall not

be eligible to receive the health insurance payment described in subsection

(1)(b) of this section. If a firefighter receives partial payment of healt h

insurance, and the portion of the payment that the firefighter is responsible for

is less than the amount stated in subsection (1) of this section, then the

firefighter shall only receive that portion of the payment to pay for the cost of

the insurance.

(4) If the firefighter should no longer be considered permanently and totally disabled as

defined in KRS 342.0011, or if either or both life and health insurance policies are

terminated, then the firefighter shall within thirty (30) days of that determinat ion

notify the Kentucky Fire Commission, in writing, of that fact or facts. The

commission shall then terminate the appropriate subsequent payments to that

firefighter. A firefighter may continue to receive payments for one (1) type of

insurance as long as the firefighter is still permanently and totally disabled and the

insurance policy is active. If the firefighter fails to notify the commission within

thirty (30) days and receives subsequent payments under this section, the firefighter

shall be responsible for repaying any payments provided to the firefighter under this

section from the date that the firefighter was no longer considered permanently and

totally disabled.

(5) The Kentucky Fire Commission shall promulgate administrative regulations in

accordance with the provisions of KRS Chapter 13A establishing procedures and

criteria applicable to the administration of this section by December 31, 2002.

(6) Any firefighter convicted of knowingly providing false information to receive the

benefits in subsection (1) of this section shall be guilty of a Class D felony and shall

be responsible for repaying the total amount paid to the firefighter, plus interest,

under the provisions of this section within a time to be determined by the

commission. The firefighter shall also no longer be eligible to receive any payments

provided under this section.

(7) In the event sufficient funds do not exist to cover all the financial obligations of this

section, then the payments shall be prorated among the participants evenly.