Eligible first responders who are diagnosed with certain
occupational related cancers shall be entitled to receive the following
benefits:
A. Lump sum benefits:
a. First responders with metastatic cancers
that require surgery, radiation or chemotherapy or those diagnosed with
terminal cancer will receive a payout of Thirty-five Thousand Dollars
($35,000.00), in lieu of pursuing workers compensation coverage, depending on
the severity of the cancer and life expectancy, and upon providing proof of
diagnosis by a board-certified physician in the medical specialty of the
particular cancer.
b. First
responders with nonmetastasized cancer will receive a payout of Six Thousand
Two Hundred Fifty Dollars ($6,250.00) in lieu of pursuing workers compensation
coverage, and upon providing proof of diagnosis by a board-certified physician
in the medical specialty of the particular cancer.
c. The combined total of benefits received by
any first responder under paragraphs (a) and (b) of this subsection during his
or her lifetime shall not exceed Fifty Thousand Dollars ($50,000.00).
d. An eligible first responder who dies as a
result of a compensable type of cancer, or circumstances arising out of the
treatment of a compensable type of cancer, but does not submit sufficient proof
of claim prior to the first responder's death, is entitled to receive benefits
specified in paragraphs (a) and (b) of this subsection and the benefits may be
made available to the deceased first responder's beneficiary or
beneficiaries.
B.
Disability benefits:
a. Nonvolunteer first
responders may receive disability benefits beginning six months after the date
of disability at 60% of their monthly salary up to Five Thousand Dollars
($5,000.00) per month, the first payment shall be made six (6) months after the
total disability and shall continue for thirty-six (36) consecutive monthly
payments unless the first responder regains the ability to perform his or her
duties as determined by reevaluation under subsection (d) of this section, at
which time the payments shall cease the last day of the month of
reevaluation;
b. Volunteer
firefighters may receive disability benefits beginning six months after the
date of disability in an amount up to One Thousand Five Hundred Dollars
($1,500.00) per month, the first payment shall be made six (6) months after the
total disability and shall continue for thirty-six (36) consecutive monthly
payments unless the first responder regains the ability to perform his or her
duties as determined by reevaluation under subsection (d) of this section, at
which time the payments shall cease the last day of the month of
reevaluation;
c. The monthly
benefit shall be subordinate to any other benefit actually paid to the first
responder solely for such disability from any other source, not including
private insurance purchased solely by the first responder;
d. Any first responder receiving the monthly
benefits may be required to have his or her condition reevaluated. In the event
any such reevaluation reveals that such person has regained the ability to
perform duties as a first responder, then his or her monthly benefits shall
cease the last day of the month of reevaluation; and
e. In the event that there is a subsequent
recurrence of a disability caused by a specified cancer, which precludes the
first responder from serving as a first responder, he or she shall be entitled
to receive any remaining monthly payments.
Any first responder who was simultaneously a member of more
than one (1) fire or police department at the time of diagnosis shall not be
entitled to receive benefits from or on behalf of more than one (1) fire or
police department. The first responder's primary place of employment shall
maintain coverage for the eligible first responder. A first responder shall
only be eligible for these benefits if the cancer diagnosis occurs on or after
the first responder's effective date of coverage, which shall be ten (10) years
after their first date of employment or service.
Benefit payments will be paid to the eligible first responder
on the first working day of each calendar month. Benefit payments made under
the Mississippi First Responders Health and Safety Act are excluded from gross
income and thus are not taxable.
Furthermore, an otherwise eligible first responder shall be
precluded from the benefits listed under this section if he or she has filed
for workers' compensation for the same diagnosis of cancer.
