Law Enforcement Officers and Fire Fighters Death Benefits Trust Fund; delete prohibition for intentional harm., the official text

MISSISSIPPI LEGISLATURE

2026 Regular Session

To: Judiciary, Division B

By: Senator(s) Fillingane

Senate Bill 2794

(As Sent to Governor)

AN ACT TO AMEND SECTION 45-2-1, MISSISSIPPI CODE OF 1972, TO
REVISE THE DEFINITION OF THE TERM "CAUSE OF DEATH"; TO DELETE
LANGUAGE THAT PROHIBITED THE PAYMENT FROM THE LAW ENFORCEMENT OFFICERS AND FIRE
FIGHTERS DEATH BENEFITS TRUST FUND WHERE THE DEATH WAS THE RESULT OF SUICIDE OR
INTENTIONALLY SELF-INFLICTED BODILY INJURY; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1.  Section
45-2-1, Mississippi Code of 1972, is amended as follows:

45-2-1.  (1)  Whenever used
in this section, the term:

(a)  "Covered
individual" means a law enforcement officer or firefighter, including
volunteer firefighters, as defined in this section when employed by an employer
as defined in this section; it does not include employees of independent
contractors.

(b)
"Employer" means a state board, commission, department, division,
bureau or agency, or a county, municipality or other political subdivision of
the state, which employs, appoints or otherwise engages the services of covered
individuals.

(c)
"Firefighter" means an individual who is trained for the prevention
and control of loss of life and property from fire or other emergencies, who is
assigned to firefighting activity, and is required to respond to alarms and perform
emergency actions at the location of a fire, hazardous materials or other
emergency incident.

(d)  "Law
enforcement officer" means any lawfully sworn officer or employee of the
state or any political subdivision of the state whose duties require the
officer or employee to investigate, pursue, apprehend, arrest, transport or
maintain custody of persons who are charged with, suspected of committing, or
convicted of a crime, whether the officer is on regular duty on full-time
status, an auxiliary or reserve officer, or is serving on a temporary or part-time
status.

(e)  "Cause of
death" means any cause of death that would be covered under the Public
Safety Officers' Benefits Act of 1976, the Hometown Heroes Survivors Benefits
Act of 2003, generally codified at 42 USCS Chapter 46, or the Safeguarding
America's First Responders Act of 2020.  The term also includes any cause of
death, at the discretion of the Commissioner of Public Safety, that would be
covered under the Public Safety Officer Support Act of 2022.

(2)  (a)  (i)  The
Department of Public Safety shall make a payment, as provided in this section,
in the amount of One Hundred Fifty Thousand Dollars ($150,000.00) when a
covered individual, while engaged in the performance of the person's official
duties, dies or receives accidental or intentional bodily injury that results
in the loss of the covered individual's life and such death is the result of a
covered cause of death * * *,
provided that the death is not the result of suicide and that the bodily injury
is not intentionally self‑inflicted.

(ii)  In addition
to the payment authorized in subparagraph (i) of this paragraph, the Department
of Public Safety shall pay Twenty-five Thousand Dollars ($25,000.00) per child
of the covered individual, not to exceed a total payment of Two Hundred Fifty
Thousand Dollars ($250,000.00) under this subsection (2).

(b)  The payment
provided for in this subsection shall be made to the beneficiary who was
designated in writing by the covered individual, signed by the covered
individual and delivered to the employer during the covered individual's
lifetime.  If no such designation is made, then the payment shall be made to
the surviving child or children and spouse in equal portions, and if
there is no surviving child or spouse, then to the parent or parents.

(c)  The payment made
in this subsection is in addition to any workers' compensation or pension
benefits and is exempt from the claims and demands of creditors of the covered
individual.

(3)  The Department of
Public Safety shall make a payment, as provided in this section, in the amount
not to exceed Fifteen Thousand Dollars ($15,000.00) to pay funeral and other
related burial expenses when a covered individual dies or receives accidental
or intentional bodily injury that results in the loss of the covered
individual's life.  This payment may be made directly to the funeral home
chosen by the next of kin and is subject to the availability of funds.

(4)  (a)  There is
established in the State Treasury a special fund to be known as the Law
Enforcement Officers and Fire Fighters Death Benefits Trust Fund.  The trust
fund shall maintain a minimum balance of Four Million Dollars ($4,000,000.00),
and shall be comprised of any additional funds made available by the
Legislature or by donation, contribution, gift or any other source.

(b)  The State
Treasurer shall invest the monies of the trust fund in any of the investments
authorized for the funds of the Public Employees' Retirement System under
Section 25-11-121, and those investments shall be subject to the limitations
prescribed by Section 25-11-121.

(c)  Unexpended amounts
remaining in the trust fund at the end of the state fiscal year shall not lapse
into the State General Fund, and any income earned on amounts in the trust fund
shall be deposited to the credit of the trust fund.  At the end of each state fiscal
year, the State Treasurer shall transfer any amount of funds that exceed the
minimum required balance in paragraph (a) of this subsection to the Law
Enforcement Officers and Fire Fighters Training and Equipment Trust Fund.

( * * *45)  The Department of Public Safety
shall be responsible for the management of the trust fund and the disbursement
of death benefits authorized under this section.  The Department of Public
Safety shall adopt rules and regulations necessary to implement and standardize
the payment of death benefits under this section, to administer the trust fund
created by this section and to carry out the purposes of this section.

( * * *56)  (a)  There is created in the State
Treasury a special fund to be known as the Law Enforcement Officers and Fire
Fighters Training and Equipment Trust Fund.  Money in the fund may be disbursed
pursuant to the Law Enforcement Officers and Fire Fighters Training and
Equipment Grant Program established in this subsection.  The fund shall consist
of monies received from any source, including those transferred at the end of
each fiscal year from the Law Enforcement Death Benefit Trust Fund.  Monies
remaining in the revolving fund at the end of a fiscal year shall not lapse
into the State General Fund, and any interest earned on the fund shall be
deposited to the credit of the fund.

(b)  There is
established the Law Enforcement Officers and Fire Fighters Training and
Equipment Grant Program in the Department of Public Safety.  Upon agreement,
the Commissioner of the Department of Public Safety and the State Fire Marshal
may award grants for enhanced training or safety equipment for covered
individuals.

SECTION 2.  This act
shall take effect and be in force from and after July 1, 2026.