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2025 Regular Session Introduced by Justin Busch and 7 co-sponsors

Act 416 ensures firefighters and police officers diagnosed with cancer on duty receive benefits for line-of-duty deaths, supporting their families and enhancing welfare.

Signed by the Governor

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Purpose and Intent

House Bill 1322, now known as Act 416, aims to amend the laws governing the Arkansas Local Police and Fire Retirement System, specifically addressing benefits related to line-of-duty deaths caused by occupational cancer. The bill seeks to ensure fair treatment for active members and their beneficiaries who have died from cancer contracted while performing their duties.

Key Provisions

The bill introduces several significant changes to existing laws:

Definition of Cancer:

The term "disease" now explicitly includes cancer diagnosed in active members while they are on duty.
"Cancer" is defined to encompass various types, including:
- Leukemia, lymphoma, and mesothelioma.
- Cancers of the brain, urinary tract, liver, skin, breast, cervix, thyroid, prostate, testicle, colon, and digestive tract.
- Any cancer statistically shown to occur more frequently in firefighters than in the general population, as determined by the Department of Health.

Eligibility for Benefits:

If an active member dies in service due to a cancer diagnosis made while on duty, their beneficiaries are entitled to benefits as outlined in the amended law.
The bill allows for rebuttal of a finding that an active member was diagnosed with cancer while on duty, requiring a preponderance of evidence.

Adjustment of Spouse Annuities:

Spouse annuities effective between November 1, 2019, and March 1, 2020, will be adjusted to reflect either 25 years of credited service or an amount based on actual credited service years.

Legislative Intent:

The General Assembly intends for the act to have a retroactive effect for certain active members but clarifies that it does not mandate retroactive benefits.

Affected Parties

Active Members: Firefighters and police officers who are diagnosed with cancer while on duty.

Beneficiaries: Spouses and dependents of active members who die from occupational cancer.

Arkansas Local Police and Fire Retirement System: The system will need to implement the new provisions and adjust benefits accordingly.

Procedural Aspects

Emergency Declaration: The bill includes an emergency clause, allowing it to take effect on July 1, 2025, to ensure timely implementation and communication of the changes to affected employers.

Legislative Timeline:

Introduced on January 30, 2025.
Passed through various readings and amendments in both the House and Senate, with the emergency clause adopted on March 20, 2025.
Officially became Act 416 on March 25, 2025.

Conclusion

House Bill 1322 represents a significant step in providing support and recognition for the risks faced by firefighters and police officers regarding occupational cancer. By clarifying benefits and eligibility, the legislation aims to enhance the welfare of those who serve in these critical roles and their families.

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