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Rules and Regulations of the State of Georgia
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Chapter 292-1 ORGANIZATION

Rule 292-1-.01 Organization

The Georgia State Indemnification Commission (the "Commission") shall consist of eight members to include the Governor, the Secretary of State, the Commissioner of Insurance, the Commissioner of Public Safety, the Commissioner of Corrections, the Commissioner of Human Resources, the President of the Peace Officers Association of Georgia, and the President of the Georgia State Firefighter's Association. The Governor shall be the chairman of the Commission and the Commissioner of the Department of Administrative Services or the Commissioner's designee shall serve as the Executive Director of the Commission. The Commission shall be assigned to the Department of Administrative Services for administrative purposes.

Rule 292-1-.02 Meetings

(1) The meetings of the Commission shall be at the call of the Chairman and shall be held at a place to be designated by him.
(2) The Commission shall hold meetings at least once a quarter to consider applications for benefits. However, the Commissioner shall not be required to hold any quarterly meeting if no applications are pending for consideration by the Commission.

Rule 292-1-.03 Purpose of Commission

The purpose of this Commission is to establish a procedure for providing the indemnification benefits to emergency medical technicians, firefighters, law enforcement officers, prison guards, and emergency management rescue specialists who are killed or permanently disabled in the line of duty as specified in O.C.G.A. 45-9-80et seq. and supplemental temporary disability compensation for law enforcement officers and firefighters injured in the line of duty as specified in O.C.G.A. 45-9-101et seq. Benefits or compensation provided by the Commission shall in no way be deemed workers' compensation benefits and shall in no way satisfy the requirements imposed on employers pursuant to O.C.G.A. 34-9-1et seq.

Rule 292-1-.04 Definitions

For the purpose of indemnification benefits authorized by O.C.G.A. 45-9-80et seq., as used in these rules, the term:

(a) "Commission" means the Georgia State Indemnification Commission.
(b) "Emergency medical technician" includes only persons who:
1. are certified as emergency medical technicians, advanced emergency medical technicians, or cardiac technicians by the Board of Human Resources; and
2. are employed in the capacity for which they are so certified by a department, agency, authority, or other instrumentality of state or local government.
(c) "Firefighter".
1. "Firefighter" means any person who is employed as a professional firefighter on a full-time basis of at least 40 hours per week by any municipal, county, or state government fire department employing three or more firemen and who has the responsibility of preventing and suppressing fires, protecting life and property, enforcing municipal, county, and State fire prevention codes, enforcing any law pertaining to the prevention and control of fires or who performs any acts or actions while on duty or when responding to a fire or emergency during any fire or other emergency or while performing duties intended to protect life and property.
2. "Firefighter" shall also mean any individual serving as an officially recognized or designated member of a legally organized volunteer fire department who performs any acts or actions while on duty or when responding to a fire or emergency during any fire or other emergency or while performing duties intended to protect life and property.
3. "Firefighter" shall also mean any individual employed by a person or corporation which has a contract with a municipal corporation or county to provide fire prevention and fire-fighting services to such municipal corporation or county and any such individual is employed on a full-time basis of at least 40 hours per week and has the responsibility of preventing and suppressing fires.
(d) "In the line of duty" means:
1. With respect to an emergency medical technician, while on duty and when responding to an emergency or performing duties at the scene of an emergency or transporting a person to a medical facility for emergency treatment;
2. With respect to a fireman, while on duty and when responding to a fire or other emergency or performing duties during any fire or other emergency or performing duties intended to protect life and property;
3. With respect to a law enforcement officer, while on duty and performing services for and receiving compensation from the law enforcement agency which employs such officer. A law enforcement officer who is performing duties for and receiving compensation from a private employer at the time of his death or bodily injury causing permanent disability shall not be considered in the line of duty; or
4. With respect to a prison guard, while on duty and performing services for and receiving compensation from the public agency which employs such prison guard.
(e) "Law enforcement officer" means any agent or officer of this State, or a political subdivision or municipality thereof, who as a full-time or part-time employee, is vested either expressly by law or by virtue of public employment or service with authority to enforce the criminal or traffic laws and whose duties include the preservation of public order, the protection of life and property, or the prevention, detection, or investigation of crime. Such term also includes the employees designated by the Commissioner of Human Resources pursuant to paragraph (2) of subsection (I) of Code Section 49-5-10, which employees have the duty to investigate and apprehend delinquent and unruly children who have escaped from a facility under the jurisdiction of the Department of Human Resources or who have broken the conditions of supervision.
(f) "Permanent disability" means disability due to:
1. Loss of both eyes or blindness in both eyes with only light perception;
2. Loss or loss of use of both hands;
3. Loss or loss of use of both legs;
4. Loss of a lower extremity or residuals of organic disease or injury which so affect the functions of balance or propulsion as the preclude locomotion without resort to a wheelchair; or
5. Organic brain damage resulting from direct physical trauma incurred after January 1, 1973, which so affects the mental capacity as to preclude ability to function productively in any employment.
(g) "Prison guard" means any person employed by the State or any political subdivision thereof whose principal duties relate to the supervision and incarceration of persons accused or convicted of the violation of the criminal laws of this State or any political subdivision thereof. Such term shall also mean any probation supervisor or parole officer who is required to be certified under Chapter 8 of Title 35, the "Georgia Peace Officer Standards and Training Act," and whose principal duties directly relate to the supervision of adult probationers or adult parolees. Such term also means any person employed by the State or any political subdivision thereof whose principal duties include the supervision of youth who are charged with or adjudicated for an act which if committed by adults would be considered a crime.
(h) "Emergency management rescue specialist" means any person licensed as an emergency management rescue specialist pursuant to Code Section 38-3-36.

Rule 292-1-.05 Definitions

For the purpose of supplemental temporary disability compensation as authorized by O.C.G.A. 45-9-101et seq., as used in these rules, the term:

(a) "Fireman" means any person who is employed as a professional firefighter on a full-time basis by any municipal, county, or state government fire department employing three or more firemen and who has the responsibility of preventing and suppressing fires, protecting life and property, enforcing municipal, county, and state fire prevention codes, enforcing any law pertaining to the prevention and control of fires or who performs any acts or actions while on duty or when responding to a fire or emergency during any fire or other emergency or while performing duties intended to protect life and property.
(b) "Full-time" means an employee who regularly works 30 hours a week.
(c) "In the line of duty" means:
(1) With respect to a fireman, while on duty and performing duties during any fire or other emergency or performing duties intended to protect life and property; or
(2) With respect to a law enforcement officer or fireman, while on duty and performing services for and receiving compensation from the law enforcement or fire service agency which employs such officer or fireman, while off duty and responding to any situation which would save a life or preserve the peace, or while preventing or attempting to prevent the commission of a crime or fire. A law enforcement officer or fireman who is performing duties for and receiving compensation from a private employer at the time of such officer's or fireman's bodily injury, but not permanent disability, shall not be considered in the line of duty unless the officer or fireman has left the scope of his or her employment for the private employer for the direct purpose of enforcing or attempting to enforce fire service, the criminal or traffic laws, preserving or attempting to preserve public order, protecting or attempting to protect life or property, preventing or attempting to prevent a crime, detecting or attempting to detect crime, or investigating or attempting to investigate crime. The determination that a law enforcement officer or fireman was disabled in the line of duty and is entitled to compensation pursuant to this part shall not be considered in the determination of the entitlement of such officer to workers' compensation disability, health, or other benefits from such officer's or fireman's public or private employer.
(d) "Injured in the line of duty" means an injury which arises out of or in the course of employment in the line of duty. Going to or from work shall not be considered in the line of duty.
(e) "Law enforcement officer" means any agent or officer of this state, or political subdivision or municipality thereof, who, as a fulltime employee, is vested either expressly by law or by virtue of public employment or service with authority to enforce the criminal or traffic laws and whose duties include the preservation of public order, the protection of life and property, or the prevention, detection, or investigation of crime. Such term also includes prison guards as defined under Code Section 45-9-81 and the employees designated by the commissioner of juvenile justice of the Department of Juvenile Justice pursuant to paragraph (2) of subsection (i) of Code Section 49-4A-8, which employees have the duty to investigate and apprehend delinquent and unruly children who have escaped from a facility under the jurisdiction of the Department of Juvenile Justice or who have broken the conditions of supervision and employees designated and delegated law enforcement powers by the Public Service Commission pursuant to Code Sections 46-7-28 and 46-11-6, which personnel have the duty to enforce the laws relating to motor carriers and the transportation of hazardous materials.