Statutory Authority and Purpose

Statutory Authority and Purpose 1. The Department of Public Safety shall be responsible for the management of the Other Safety Officials Death Benefits Trust Fund and the disbursement of death benefits authorized under MCA §45-2-31. 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. 2. As used in this section, the term “covered individual” means the directors and assistant directors of local emergency management organizations established under MCA §33-15-17, and coroners and deputy coroners. 3. The Department of Public Safety shall make a payment, as provided in this section, in the amount provided by MCA §45-2-31 when a covered individual, while engaged in the performance of the person's official duties, is accidentally or intentionally killed, provided that the killing is not the result of suicide, and that the bodily injury is not intentionally self- inflicted. 4. An accidental or intentional killing encompasses any killing of a person by another person or outside force, regardless of intent or circumstances. It is distinguished from death by natural causes. 5. The payment provided for in this subsection shall be made to the beneficiary who was designated in writing by the covered individual 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. If a beneficiary is not designated and there is no surviving child, spouse or parent, then the payment shall be made to the covered individual's estate. 6. 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.