Committee extends proposed window for firefighter line-of-duty death benefits to 15 years; public hearing draws mixed views

Representative Bessel, sponsor of House Bill 227, told the House Ways and Means General Fund Committee he is proposing guardrails to the state—s line-of-duty death benefit statute to preserve the program—s solvency and to limit long-tail claims tied to occupational diseases.

"What I am attempting to address here is to place some safeguards," Representative Bessel said, describing examples of retirees in their 70s and 80s who have, in some cases, received line-of-duty death benefits decades after retirement. He said the bill would preserve benefits for clear on-duty deaths while narrowing eligibility where claims appear untethered to a qualifying event during employment.

The committee adopted an amendment from Representative Underwood that replaces a 10-year post-retirement window in the bill with a 15-year window and adds cancer to the list of presumptive occupational illnesses covered by the statute. The amendment was accepted by voice vote and the measure moved into a public hearing.

The issue drew both supporters and opponents during the public hearing. Steve McKees, who said he has followed the issue for years, told the committee he supports the bill as a clarification of the governing statute; he said the statute—s existing language describes a firefighter as "a person employed as a firefighter by a city" and that retirees are not employees under that definition, which, he argued, has been interpreted too liberally in decisions awarding benefits.

"There is a loophole that has been used over the years that has resulted in probably over $4,000,000 worth of line-of-duty death benefits to people that have been retired 20 plus years," McKees said, supporting efforts to codify limits and to add fire districts explicitly to the statute's coverage.

Opponents, including Evan Brooks of Birmingham Firefighter Local 117, told the committee the proposed fixed time window is arbitrary and may exclude legitimate occupational disease claims that can surface long after exposure.

"Hypertension and sleep deprivation are huge issues with fire service members. Oftentimes they lie dormant for 10 to 12 years before it's an issue," Brooks said. He cautioned that a firefighter who began service at 18 and retired young could develop a service-related heart or lung condition in their 50s and be excluded under the new window if they lacked a qualifying event while employed.

Brett Reynolds of Homes for Fire and Rescue said he initially opposed the bill but, after discussion with the sponsor and review of department payout trends, he supports the 15-year compromise as a way to safeguard the fund while preserving coverage for most career firefighters. "With amendment that'll put you, covered up to 58. And then pulling some numbers, the average retirement age of a firefighter in the state of Alabama is 58," Reynolds said, urging the committee to revisit the policy if data later shows substantial gaps.

Derek Creel, speaking for Birmingham firefighters Local 117, urged caution and highlighted latency periods for certain illnesses. "These toxins, carcinogens, dust particles, they stay in the human body and they change at a cellular level ... some of these diseases are 30 years in the making," Creel said, saying an arbitrary cap could deny benefits for conditions with long latency.

Committee members asked for additional data and analysis. Representative Bessell said he will produce a policy analysis comparing southeastern states' approaches and share the spreadsheet of the Board of Examiners' payment records that the sponsor used to justify the change. Several lawmakers suggested wellness programs and earlier medical screening as ways local employers might reduce later claims.

The committee did not take a final vote on HB 227; members said they would return the measure next week after further review and follow-up with affected stakeholders.

Votes and formal actions recorded in committee

- Amendment (Representative Underwood): moved to change the post-retirement eligibility window from 10 to 15 years and to add cancer to the presumptive illnesses. Motion adopted by voice vote; amendment accepted and the bill moved into public hearing. - Final disposition: No final committee vote on final passage; committee postponed further action and will revisit the bill next week.

Why this matters

The proposed change affects eligibility for state-paid line-of-duty death benefits for career firefighters and clarifies whether retirees may receive benefits for occupational diseases that manifest after retirement. Lawmakers and stakeholders framed the issue as balancing fiscal stewardship of a state-funded benefit against the long-term health risks firefighters face on the job.

What happens next

The committee asked the sponsor for additional data and said it will consider the bill again next week. If re-reported favorably, the bill would advance through the legislative process for further consideration by the full House.