54-52.1-03.5. Emergency responders who die in the line of duty - Health benefits (Retroactive application - See note)

54-52.1-03.5. Emergency responders who die in the line of duty - Health benefits

(Retroactive application - See note)

1. As used in this section:

a. "Correctional facility staff" has the same meaning as provided under section

12-44.1-01.

b. "Dies in the line of duty" means a death occurring as a direct and proximate result

of a personal injury sustained by an emergency responder while engaged in a

line of duty activity or which arose out of and as a result of the individual's

performance of a line of duty activity.

c. "Emergency responder" means a peace officer, member of a correctional facility

staff, emergency medical services personnel, or firefighter, who is employed by

the state, a political subdivision of the state, or an institution under the control of

the state board of higher education. The term does not include a national guard

security officer or national guard firefighter.

d. "Line of duty activity" means an employment-related action taken by an

emergency responder which is required or authorized by law, rule, regulation, or

condition of employment and for which compensation is provided by the

employing entity or would have been eligible to have been provided by the

employing entity if the emergency responder had been on duty at the time the

action in question was taken.

e. "Peace officer" has the same meaning as provided under section 12-63-01. The

term includes a game warden.

2. At no charge, the board shall offer health insurance benefits coverage, including drug

benefits coverage, to the surviving spouse and dependent child of an emergency

responder who dies in the line of duty. The provision of health insurance benefits

coverage under this section includes coverage of a child of the emergency responder

who is born within ten months of the date of the death.

3. The provision of health insurance benefits coverage under this section must continue

for the:

a. Surviving spouse until the surviving spouse reaches age sixty-five; and

b. Dependent child until the dependent child reaches age twenty-six.

4. An employer shall notify the board of the qualifying event of an emergency responder

dying in the line of duty.

5. This section does not affect eligibility for benefits under title 65.