Mich. Admin. Code R. 28.14951 - Definitions

Rule 1.

(1) As used in these rules:

(a) "Act" means the public safety officers benefit act, 2004 PA 46, MCL 28.631 et seq.

(b) "Catastrophic injury" means consequences of an injury that permanently prevent an individual from performing any gainful work.

(c) "Child" means any natural, illegitimate, adopted, or posthumous child or stepchild of a deceased public safety officer, who at the time of the public safety officer's death was any of the following:

(i) Eighteen years of age or under.

(ii) Over 18 years of age and a student.

(iii) Over 18 years of age and incapable of self-support because of physical or mental disability.

(d) "Dependent" means a child of the deceased public safety officer or other individual who was substantially reliant for support upon the income of the deceased public safety officer.

(e) "Gainful work" means work activity that is both substantial work activity and gainful work activity.

(f) "Gainful work activity" means work activity that is done for pay or profit. Work activity is gainful if it is the kind of work usually done for pay or profit, whether or not a profit is realized or pay is received.

(g) "Incapable of self-support because of physical or mental disability" means the individual was receiving supplemental security income benefits from the United States social security administration at the time of the public safety officer's death.

(h) "Occupational disease" means a disease which routinely constitutes a special hazard in, or is commonly regarded as, a concomitant of the officer's occupation.

(i) "Personal injury" or "injury" means any traumatic injury, as well as diseases which are caused by or result from such an injury, heart attack, or stroke, but not an occupational disease.

(j) "Student" means an individual under 23 years of age, who has not completed 4 years of education beyond the high school level and who is regularly pursuing a full-time course of study or training at school or college or university accredited by a Michigan recognized or nationally recognized accrediting agency or body.

(k) "Substantial work activity" means work activity that involves doing significant physical or mental activities. Work may be substantial even if it is done on a part-time basis or if the public safety officer does less, gets paid less, or has less responsibility than when he or she was a member of the former employing public safety agency.

(l) "Substantially reliant" means the dependent was reliant on the income of the deceased officer for over 1/3 of his or her support.

(m) "Traumatic injury" means a wound or a condition of the body caused by external force, including injuries inflicted by bullets, explosives, sharp instruments, blunt objects or other physical blows, chemicals, electricity, climatic conditions, infectious diseases, radiation, and bacteria, but excluding stress and strain.

(2) Terms defined in the act have the same meanings when used in these rules.

Notes

Mich. Admin. Code R. 28.14951

2005 AACS