Rep. Bedsole seeks to protect firefighter death benefits with legislation

After questionable claims depleted the funds and threatened the solvency of a program that pays death benefits to the families of firefighters, State Rep. Russell Bedsole, R-Alabaster, has filed legislation that will “expand, guarantee and protect those benefits for generations to come,” his release stated.

“Years of patchwork amendments and band-aid changes to the law governing line of duty death benefits for firefighters have created loopholes that led to questionable claims and unanticipated payouts,” Bedsole said. “By stopping the exploitation of the program, we can protect its longevity, expand its coverage, and guarantee that every firefighter’s family that deserves a benefit will receive a benefit far into the future.”

Bedsole noted that in some recent cases, existing loopholes and open-ended claims periods have allowed the families of firefighters who died as old as 85 years of age to receive line of duty death benefits long after they ended their service, and he says these questionable and unexpected payouts are draining the program’s funding.

Among the “line of duty” death benefits paid in recent years are an 81-year-old retired firefighter who died of Alzheimer’s disease and heart failure, an 85-year-old retired firefighter who died of Chronic Obstructive Pulmonary Disease, a 77-year-old retired firefighter who died of diabetes and heart disease, and numerous other elderly retirees who died of various cancers and heart ailments years after their active service ended.

Unless loopholes are closed, Bedsole said, future claims of firefighters who perish in the line of duty may have to be denied for lack of funding.

Firefighter benefit payouts for line of duty deaths currently amount to roughly $152,000 each and are linked to the Consumer Price Index in order to assure that they keep pace with the cost of living. Funding for the benefits are appropriated from the state General Fund budget and awarded by the Board of Adjustment.

The provisions of House Bill 227 make the following updates and changes:

• The loophole allowing open-ended claims for cardiac or pulmonary deaths would close, and death benefits would have to be claimed within 15 years of ending service unless the hypertension, heart disease or respiratory disease can be reasonably linked to a service-related event.
• The period for making a line of duty death benefit claim for cancer-related deaths would be extended from 10 years to 15 years.
• The definition of which firefighters qualify for death benefits is currently based upon an attorney general’s opinion and subject to change, so Bedsole’s bill codifies the definition to ensure that retired firefighters remain eligible.

The legislation has received a favorable report from the House Ways and Means General Fund Committee and is on the special order calendar for consideration on Tuesday, April 22.