O.C.G.A.

O.C.G.A. § 45-9-86 (2019)

Application for indemnification

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)

Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.

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(a) An application for indemnification with respect to a claim for total permanent disability or partial permanent disability of a law enforcement officer, firefighter, prison guard, emergency medical technician, emergency management rescue specialist, or state highway employee shall be submitted by that person unless the person is mentally incompetent, in which case the application may be made on such person’s behalf by his or her legal guardian. (b) An application for indemnification with respect to a claim for the death of a law enforcement officer, firefighter, prison guard, emergency medical technician, emergency management rescue specialist, or state highway employee shall be submitted by or on behalf of the surviving unremarried spouse or dependents eligible under this part. (c) An application for indemnification with respect to death, organic brain damage, total permanent disability, or partial permanent disability must be made within 24 months after the date of the incident giving rise to the death, organic brain damage, or disability.

History

(Ga. L. 1978, p. 1914, § 7; Ga. L. 1980, p. 700, § 5; Ga. L. 1981, p. 477, § 4; Ga. L. 1985, p. 413, § 1; Ga. L. 1987, p. 822, § 7; Ga. L. 1991, p. 771, § 2; Ga. L. 1991, p. 1312, § 6; Ga. L. 1995, p. 877, §§ 4, 5; Ga. L. 2002, p. 660, § 4(19)

Annotations

Editor’s notes. - Ga. L. 1987, p. 822, § 8, not codified by the General Assembly, provided that: ‘‘If any provision of this Act [which amended Code Sections 45-9-80 through 45-9-83, 45-9-84.2, 45-9-85, and 45-9-86] is held to be invalid or inoperative for any reason, the remaining provisions of this Act shall be deemed to be void and of no effect it being the legislative

intent that this Act as a whole would not have been adopted had any provision not been included.’’ Ga. L. 2008, p. 470, § 2/SB 254, not codified by the General Assembly, provides that the amendment to this Code section shall apply to all incidents occurring on or after July 1, 2008.

RESEARCH REFERENCES Am. Jur. 2d. - 41 Am. Jur. 2d, Indemnity, § 31 et seq.

C.J.S. - 42 C.J.S., Indemnity, §§ 13, 53.

45-9-86.1 and 45-9-86.2. Repealed by Ga. L. 2008, p. 470, § 1/SB 254, effective July 1, 2008. Editor’s notes. - These Code sections, concerning the time limit on applications for indemnification relative to death of part-time law enforcement officer killed in line of duty and the time limitation on applications for indemnification relative

to law enforcement officers, firefighters, and prison guards permanently disabled due to organic brain damage, were based on Ga. L. 1981, p. 477, § 5; Ga. L. 1983, p. 651, § 2; Ga. L. 2002, p. 660, § 4(20); Ga. L. 2002, p. 1259, § 11(20).