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O.C.G.A. § 45-9-88 — 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 | Georgia Code
O.C.G.A. § 45-9-88 (2018) Copy Cite Official Site Syfertize CourtListener Scholar Amendments

TITLE 45 PUBLIC OFFICERS AND EMPLOYEES

Section 9. Insuring and Indemnification of Public Officers and Employees, 45-9-1 through 45-9-110.

ARTICLE 5 LAW ENFORCEMENT OFFICERS, FIREMEN, PRISON GUARDS, AND PUBLICLY EMPLOYED EMERGENCY MEDICAL TECHNICIANS

45-9-88. 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.

  1. 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.
  2. 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.

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

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 A.L.R.2d 566.

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