Committee advances expedited bill to speed survivor benefits for firefighters

The Montgomery County Government Operations and Fiscal Policy Committee on Monday approved amendments to Expedited Bill 32-25, known as the HERO Act, to expand benefit options and speed delivery of death benefits to spouses of firefighters killed in the line of duty. The committee voted unanimously to send the bill, as amended, to the full council for consideration on Tuesday.

Ms. Wellens, a county staff presenter, told the committee the bill expands three benefit-election options for surviving spouses and aims to expedite payments. Under a key amendment the committee adopted, benefits will be paid beginning the first of the month after a surviving spouse makes an election within the bill’s 60-day election window; benefit amounts will be calculated retroactively to the date of death as provided elsewhere in the bill.

The change reflects a compromise prompted by concerns from the county executive’s office about eligibility determinations. A county executive official, Dr. Stoddard, told the committee that confirming a line-of-duty death sometimes requires a medical examiner’s report or other evidence that can be delayed, particularly in presumptive cancer cases: “the longest part of this process is waiting for the medical examiner to produce their report,” he said, explaining that paying benefits too early risks later improper payments.

Several council members urged prioritizing speed to help grieving families. Sponsor Council Member Glass said the bill is about “acting quickly to make sure that our survivors and spouses and families have the support services that they need.” Council Member Katz and others said the county should bear the rare financial risk if a payment later proves ineligible; Katz said the county “should be the one to eat it” rather than delay aid.

Staff also explained that the spouse may choose among three election options: an assumed 20 years of credited service with a 100% joint-and-survivor pension, use of the member’s actual credited years if higher, or a benefit based on an existing service-connected disability pension and joint-and-survivor election. The committee accepted a technical clarification tying the 20-year reference to section 33‑41 and agreed without objection to consider extending the option to other beneficiaries (children or dependents).

Members discussed whether off-duty acts of protection should qualify as line-of-duty deaths. Ms. Wellens said the bill relies on existing law’s definition and that the language applies to multiple departments and bargaining units; Council Member Lukey said she would circulate amendment language and a memorandum for full council to add police, the sheriff’s office and corrections by means of an MOU that would be memorialized in collective bargaining agreements.

The committee accepted a final executive clarification that the death benefits provided under the bill are supplemental to any benefits negotiated in collective bargaining agreements.

The committee recorded the in-committee vote as unanimous and forwarded the amended bill to the full council for a Tuesday vote. The session concluded with the chair thanking sponsors and staff and noting the Higgins family in reference to prior county conversations about line-of-duty deaths.