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Committee reviews House changes to expand survivors' benefit to more emergency personnel
Summary
The Senate Committee on Government Operations examined House edits to S.89 that would add four categories of emergency personnel to the survivors' benefit, make coverage prospective to July 1, 2026, allow the board to pay for medical expertise, and permit emergency-board transfers when the legislature is out of session.
The Senate Committee on Government Operations on April 28 reviewed amendments to S.89 that would expand eligibility for the state's emergency personnel survivors benefit to include certain law enforcement officers, Department of Corrections facility employees who provide direct security and treatment services, classified Family Services Division staff, and classified mental-health employees in state-operated therapeutic residences or inpatient psychiatric units.
Representative Elizabeth Burrows, who described the House's strike-all changes to the committee, said one principal edit makes coverage prospective: "we made it prospective, for claims that are made only after July 1." Burrows said the House also added authority "that allows the emergency board to replenish funds should they run out, while the legislature is not in session," and gave the survivors benefit review board the ability to pay for medical expertise to review occupation-related illness claims.
Sophie Sedatny, legislative counsel for the Office of Legislative Council, read the amended language to the committee and summarized the key provisions: "Survivors of emergency personnel employed by or who volunteer for the state of Vermont, a county or municipality of the state, or a nonprofit entity that provides services in the state who die in the line of duty or of an occupation related illness may request the board award a monetary benefit under section 3,173 of this chapter," with the additional categories eligible only for deaths "on or after 07/01/2026." Sedatny also explained the new language allowing the survivors benefit special fund to pay reasonable fees for a medical expert and other services needed to review occupation-related illness applications.
Committee members pressed staff on whether a workers' compensation determination would automatically govern the survivors benefit outcome. Sedatny said the review board typically looks to the presumptions in workers' compensation law as guidance but is not bound to follow them: the workers' compensation presumptions are "rebuttable," and the board may still reach a different conclusion when reviewing an occupation-related illness claim.
The chair noted procedural safeguards embedded in the program, including that the review board must be unanimous to award the $80,000 survivor benefit: "the board has to be unanimous in its decision to award the 80,000. It isn't like it's a majority vote." Members also cited testimony from the treasurer's office that only a small number of additional claims would be expected under the expansion; a senator summarized that the treasurer suggested roughly three such cases over the referenced period.
Committee discussion touched on retroactivity and family coverage: members observed the July 1, 2026 effective date means some families of earlier line-of-duty deaths would not be eligible under the revised law. Representative Burrows and others said they found the House edits acceptable; several members indicated support for concurring with the House strike-all amendment, though the transcript does not record a formal roll-call vote or other recorded motion.
S.89 currently appears on the incentive calendar; committee members suggested that its calendar placement affects when the legislature may consider the bill for final action. With no further questions, the committee adjourned for the day.
