The benefit under subdivision (I) or (II) of this division, as applicable, shall be subordinate to any other benefit actually paid to the firefighter for such disability from any other source, not including insurance purchased solely by the firefighter, and shall be limited to the difference between the amount of such other paid benefit and the amount specified under subdivision (I) or (II) of this division, as applicable.
(a) Surgery, radiotherapy, or chemotherapy is medically necessary;
(b) There is metastasis; or
(II) A lump sum benefit of $6,250.00 subject to limitations specified in the insurance contract and based on severity of cancer and payable to such firefighter upon submission to the insurance carrier or other payor of acceptable proof of diagnosis by a physician board certified in the medical specialty appropriate for the type of cancer involved that:
(a) There is carcinoma in situ such that surgery, radiotherapy, or chemotherapy has been determined to be medically necessary;
(b) There are malignant tumors which are treated by endoscopic procedures alone;
(c) There are malignant melanomas; or
(c) (1) The Georgia Firefighter Standards and Training Council shall be authorized to adopt such rules and regulations for fire departments employing full-time firefighters or part-time firefighters as are reasonable and necessary to implement the provisions of this Code section and to establish and modify minimum requirements for all fire departments operating in this state, provided that such requirements are equal to or exceed the requirements provided in subsections (a) and (b) of this Code section.
(2) The Georgia Volunteer Fire Service Council shall be authorized to adopt such rules and regulations for fire departments solely utilizing volunteer firefighters as are reasonable and necessary to implement the provisions of this Code section and to establish and modify minimum requirements for all volunteer fire departments operating in this state, provided that such requirements are equal to or exceed the requirements provided in subsections (a) and (b) of this Code section.
History. Code 1981, § 25-3-23 , enacted by Ga. L. 1984, p. 1000, § 3; Ga. L. 1985, p. 149, § 25; Ga. L. 1990, p. 354, § 1; Ga. L. 1995, p. 341, § 3; Ga. L. 1998, p. 560, § 2; Ga. L. 2003, p. 888, § 2; Ga. L. 2005, p. 60, § 25/HB 95; Ga. L. 2017, p. 336, § 1/HB 146; Ga. L. 2018, p. 1112, § 25/SB 365; Ga. L. 2020, p. 515, § 2/SB 342.
The 2017 amendment, effective January 1, 2018, substituted the present provisions of subsection (b) for the former provisions, which read: “A legally organized fire department shall purchase and maintain sufficient insurance coverage on each member of the fire department to pay claims for injuries sustained en route to, during, and returning from fire calls or other emergencies and disasters and scheduled training sessions.”; and, in subsection (c), substituted “The” for “On and after July 1, 1998, the,” at the beginning and substituted “to adopt such rules and regulations as are reasonable and necessary to implement the provisions of this Code section and” for “, by rules and regulations,” in the middle.
The 2018 amendment, effective May 8, 2018, part of an Act to revise, modernize, and correct the Code, revised punctuation at the end of subdivision (b)(2)(B)(i)(II)(a).
The 2020 amendment, effective January 1, 2021, in subparagraph (a)(1)(A), deleted “solely” following “specified” and inserted “, for fire departments employing full-time firefighters or part-time firefighters, or the Georgia Volunteer Fire Service Council, for fire departments solely utilizing volunteer firefighters,”; inserted “, for fire departments employing full-time firefighters or part-time firefighters, or the Georgia Volunteer Fire Service Council, for fire departments solely utilizing volunteer firefighters” in subparagraphs (a)(1)(D), (a)(2)(B), and (a)(2)(C); designated the existing provisions of subsection (c) as paragraph (c)(1); inserted “for fire departments employing full-time firefighters or part-time firefighters” in paragraph (c)(1); and added paragraph (c)(2).
Structure Georgia Code
Title 25 - Fire Protection and Safety
Chapter 3 - Local Fire Departments Generally
Article 2 - Minimum Requirements
§ 25-3-23. General Requirements; Equipment and Clothing; Insurance
§ 25-3-24. Authority of Executive Director to Determine Compliance
§ 25-3-26. Duty of Executive Director to Cooperate With Fire Department