O.C.G.A.

O.C.G.A. § 45-9-88 (2019)

Indemnification not to be awarded when penal violation, suicide, intentionally self-inflicted injuries, natural causes, or performance of certain routine duties caused or contributed to death or disability

✓ 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) No indemnification shall be awarded to any person otherwise entitled thereto who violates a penal law of this state which violation caused or contributed to the death or disability of the officer. (b) Notwithstanding any other provision of this article, no payment shall be authorized if death, organic brain damage, total permanent disability, or partial permanent disability occurs from suicide, intentionally self-inflicted injuries, natural causes, or the performance of routine duties which would not be considered strenuous or dangerous by a reasonable person; provided, however, that this subsection shall not preclude the department or the commission from considering competent, independent medical evidence as to whether a heart attack that occurs shortly after fighting a fire was caused by the strain of fighting the fire.

History

(Ga. L. 1978, p. 1914, § 8; Code 1981, § 45-9-88, as redesignated by Ga. L. 2008, p. 470, § 1/SB 254.)

Annotations

Editor’s notes. - 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, § 1 et seq. C.J.S. - 42 C.J.S., Indemnity, §§ 8, 9, 19, 20, 21.

ALR. - Misconduct as affecting right to pension or retention of position in retirement system, 76 ALR2d 566.