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Committee approves bill to extend line-of-duty death benefits to occupational-cancer fatalities back to 2019
Summary
HB 1322 would allow survivors of firefighters whose deaths are caused by occupational cancers recognized as line-of-duty disabilities since Feb. 2019 to receive line-of-duty death benefits; sponsors said the fiscal impact is likely small and that no retroactive lump-sum payments would be made before the effective date.
Representative Clowney told the joint Public Retirement & Social Security Programs committee HB 1322 closes a gap between a 2019 change that classified certain occupational cancers as a line-of-duty disability and the state's death-benefit framework.
"Back in 02/2019, we as a legislature prudently, made occupational cancer, so certain cancers that firefighters get, as a result of fighting fires. We made those, we made all of the changes in Arkansas law for those to be covered as a line of duty disability. We just neglected to cover, line of duty death benefits that result from those same cancers. So potentially, survivors and beneficiaries are missing out on a line of duty death, benefits. This cleans that up so that there's a framework to allow them to get it," Representative Clowney said.
Clowney and committee staff explained the bill aligns death benefits with the code language adopted in February 2019; an actuary attached to the bill identified a single case since that date that would qualify. Committee members asked whether the change would require retroactive payments. Clowney and staff said the measure would cover eligible cases beginning with the 02/2019 codification but would not create lump-sum payments going backward in time.
A committee member asked how the statutory "presumed" causation standard is determined. Clowney said the language mirrors the existing line-of-duty disability code and includes the statutory standards and guardrails already used to evaluate claims.
No one signed in to speak for or against the bill. Representative Clowney closed and moved for passage; the motion received a second and the committee approved HB 1322 by voice vote. The transcript does not record a roll-call tally.
The committee recorded the bill as having a small state fiscal impact but said the benefit would be meaningful to any family that qualifies under the clarified language.
