(1)if the fatal or catastrophic injury was caused by the intentional misconduct of the public safety officer or by such officer’s intention to bring about his death, disability, or injury;
(2)if the public safety officer was voluntarily intoxicated at the time of his fatal or catastrophic injury;
(3)if the public safety officer was performing his duties in a grossly negligent manner at the time of his fatal or catastrophic injury;
(4)to any individual who would otherwise be entitled to a benefit under this subchapter if such individual’s actions were a substantial contributing factor to the fatal or catastrophic injury of the public safety officer; or
(5)with respect to any individual employed in a capacity other than a civilian capacity.
2013—Pub. L. 112–239, § 1086(b)(1)(C)(i), substituted “fatal” for “death” wherever appearing except in par. (1) following “bring about his”.
Par. (1). Pub. L. 112–239, § 1086(b)(1)(C)(ii), substituted “bring about his death, disability, or injury” for “bring about his death or catastrophic injury”.
2006—Par. (5). Pub. L. 109–162inserted “with respect” before “to any individual”.
1990—Pars. (1) to (4). Pub. L. 101–647inserted “or catastrophic injury” after “death” wherever appearing.
Effective Date of 2013 Amendment
Amendment by Pub. L. 112–239effective Jan. 2, 2013, and applicable to matters pending on Jan. 2, 2013, or filed or accruing after that date, with certain exceptions, see section 1086(d) ofPub. L. 112–239, set out as a note under section
3791 of this title.
Effective Date of 1990 Amendment
Amendment by Pub. L. 101–647effective Nov. 29, 1990, and not applicable with respect to injuries occurring before Nov. 29, 1990, see section 1303 ofPub. L. 101–647, set out as a note under section
3796 of this title.
The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.
The most recent Classification Table update that we have noticed was Tuesday, August 13, 2013
An empty table indicates that we see no relevant changes listed in the classification tables. If you suspect that our system may be missing something, please double-check with the Office of the Law Revision Counsel.