S 89

No. 102  Page 1 of 5
2026
No. 102. An act relating to expanding survivor benefits.
                                      (S.89)
It is hereby enacted by the General Assembly of the State of Vermont:
Sec. 1. 20 V.S.A. § 3171 is amended to read:
§ 3171. DEFINITIONS
   As used in this chapter:
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      (3) “Emergency personnel” means:
          (A) firefighters as defined in subdivision 3151(3) of this title; and
          (B) emergency medical personnel and volunteer personnel as defined
in 24 V.S.A. § 2651;
          (C) law enforcement officers who have been certified by the Vermont
Criminal Justice Council pursuant to section 2358 of this title;
          (D) facility employees of the Department of Corrections and
Department of Corrections employees who provide direct security and
treatment services to offenders under supervision in the community;
          (E) classified family services employees in the Family Services
Division of the Department for Children and Families; and
          (F) classified medical employees of State-operated therapeutic
community residences or inpatient psychiatric hospital units.
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      (4) “Line of duty” means:
          (A) answering or returning from with respect to firefighters,
emergency medical personnel, and volunteer personnel:
             (i) service in answer to a call of the department or service for a
fire or emergency or, including going to and returning from a fire or
emergency or participating in a fire or emergency training drill; or
          (B)(ii) similar service in another town or district to which the
department or service has been called for firefighting or emergency purposes;
          (B) with respect to law enforcement officers:
             (i) service as a law enforcement officer in answer to a complaint
lodged with the department or in response to a disorder, including going to,
returning from, and investigating or responding to the complaint or disorder; or
             (ii) service under orders from the department or in any emergency
for which the law enforcement officer serves as a law enforcement officer;
          (C) with respect to covered employees of the Department of
Corrections, discharging their duties as employees;
          (D) with respect to classified family services employees in the
Family Services Division of the Department for Children and Families,
discharging their duties as employees; and
          (E) with respect to classified medical employees of State-operated
therapeutic community residences or inpatient psychiatric hospital units,
discharging their duties as employees.
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Sec. 2. 20 V.S.A. § 3172 is amended to read:
§ 3172. EMERGENCY PERSONNEL SURVIVORS BENEFIT REVIEW
          BOARD
   (a)(1) There is created the Emergency Personnel Survivors Benefit Review
Board, which shall consist of the State Treasurer or designee, the Attorney
General or designee, the Chief Fire Service Training Officer of the Vermont
Fire Service Training Council or designee, and one member of the public to
represent the interests of emergency personnel appointed by the Governor for a
term of two years.
      (2) Survivors of emergency personnel, employed by or who volunteer
for the State of Vermont, a county or municipality of the State, or a nonprofit
entity that provides services in the State, who die in the line of duty or of an
occupation-related illness may request the Board award a monetary benefit
under section 3173 of this title chapter, except survivors of emergency
personnel as defined in subdivisions 3171(3)(C)–(F) of this chapter may
request the monetary benefit only for deaths that occur on or after July 1, 2026.
      (3) The Board shall be responsible for determining whether to award
monetary benefits under section 3173 of this chapter. To assist the Board with
applications involving deaths from occupation-related illness, the Board may
pay reasonable fees from the Emergency Personnel Survivors Benefit Special
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Fund for a medical expert and other services as necessary to review
applications and make recommendations to the Board.
      (4) A decision to award monetary benefits shall be made by unanimous
vote of the Board and shall be made within 60 days after the receipt of all
information necessary to enable the Board to determine eligibility.
      (5) The Board may request any information necessary for the exercise of
its duties under this section. Nothing in this section shall prevent the Board
from initiating the investigation or determination of a claim before being
requested by a survivor or employer of emergency personnel.
                                      ***
Sec. 3. 20 V.S.A. § 3175 is amended to read:
§ 3175. EMERGENCY PERSONNEL SURVIVORS BENEFIT SPECIAL
          FUND
   (a) The Emergency Personnel Survivors Benefit Special Fund is
established in the Office of the State Treasurer for the purpose of the payment
of claims distributed pursuant to this chapter. The Fund shall comprise
appropriations transfers made by the General Assembly, amounts transferred
by the Emergency Board when the General Assembly is not in session, and
contributions or donations from any other source. Expenses incurred pursuant
to subdivision 3172(a)(3) of this chapter shall be paid from the Fund. All
balances in the Fund at the end of the fiscal year shall be carried forward.
Interest earned shall remain in the Fund.
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   (b) In the event that the balance of the Fund is insufficient to pay monetary
benefits awarded by the Board when the General Assembly is not in session,
the Emergency Board may, pursuant to its authority under 32 V.S.A. § 133,
transfer into the Fund additional amounts necessary to pay the monetary
benefits.
Sec. 4. EFFECTIVE DATE
   This act shall take effect on July 1, 2026.
Date Governor signed bill: May 19, 2026
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