HB1322
To Amend The Laws Under The Arkansas Local Police And Fire Retirement System Concerning Line-of-duty Death From Occupational Cancer; And To Declare An Emergency.
AI-Generated Summary
This bill proposes amendments to the Arkansas Local Police and Fire Retirement System concerning line-of-duty deaths resulting from occupational cancer. It clarifies the definition of "disease" to include specific types of cancer diagnosed while an active member was in the line of duty. The bill expands the list of covered cancers to include leukemia, lymphoma, mesothelioma, multiple myeloma, and certain cancers of the brain, urinary tract, liver, skin, breast, cervix, thyroid, prostate, testicle, colon, or digestive tract. It also includes cancers found to have higher instances in firefighters than the general population, provided there was exposure to a known carcinogen during duty. A finding of line-of-duty cancer diagnosis can be rebutted by a preponderance of the evidence. Additionally, the bill addresses spouse annuities for certain deaths due to cancer that occurred between November 1, 2019, and March 1, 2020, adjusting them to a minimum of twenty-five years of credited service or an equivalent amount. The intent is for this act to have retroactive effect for members covered by the annuity adjustment provision, though not to require the retirement system to pay retroactive benefits. The bill declares an emergency to ensure fair treatment and provide a structured administration with an effective date of July 1, 2025.
Potential Impact Analysis
Who Might Benefit?
The primary beneficiaries of this bill are active members of the Arkansas Local Police and Fire Retirement System and their surviving beneficiaries who may develop or have developed specific types of cancer as a result of their occupational duties. This includes individuals diagnosed with certain listed cancers, such as leukemia, lymphoma, mesothelioma, multiple myeloma, and various other cancers of specific organs, if these diagnoses occur while they are in the line of duty. Furthermore, surviving spouses of members who died from such occupational cancers within a specific timeframe (November 1, 2019, to March 1, 2020) will benefit from adjusted spouse annuities, ensuring a minimum credited service level for their benefit calculation.
Who Might Suffer?
The entities most likely to be negatively impacted by this bill are the financial solvency and administrative burden of the Arkansas Local Police and Fire Retirement System. The expansion of covered conditions and potential for adjusted spouse annuities, particularly with retroactive provisions for annuity calculations, could lead to increased financial obligations for the retirement system. While the bill states it is not the intent to require the system to pay retroactive benefits, the annuity adjustment for a specific past period may still necessitate adjustments in funding or reserves. Furthermore, the administrative process of verifying occupational cancer diagnoses, considering scientific research, and managing potential rebuttals could increase operational costs and complexity for the system's Board of Trustees.