Survivors of Heart Attack Victims Eligible for Benefits

April 29, 2004

In December 2003, the Hometown Heroes Survivors Benefits Act, became Public Law No. 108-182. The passage of the bill ensured that a public safety officer who suffers a fatal heart attack or stroke while on duty is presumed to have died "in the line of duty" for purposes of survivor benefits.

Sen. Patrick J. Leahy, D-Vt., who introduced the bill, said the legislation improves the Department of Justice's Public Safety Officers' Benefits (PSOB) Program by allowing families of public safety officers who suffer fatal heart attacks or strokes to qualify for federal survivor benefits.

The PSOB guidelines had been previously interpreted to exclude from benefits the survivors of public safety officer who die of a heart attack or stroke while acting in the line of duty, arguing that the attack must be accompanied by a traumatic injury. This legislation closed that loophole.

Heart attack and cardiac related deaths account for almost half of all firefighter fatalities-between 45-50 deaths-and an average of 13 police officer deaths each year, Leahy said.

The law states that a public safety officer who dies as the direct and proximate result of a heart attack or stroke will be presumed to have died as the direct result of a personal injury sustained in the line of duty, if the officer

• Participated in non-routine, stressful or strenuous physical law enforcement, fire suppression, rescue, hazardous material response, emergency medical services, prison security, disaster relief or other emergency response activity or was in a training exercise that involved non-routine stressful or strenuous physical activity.
• Died as a result of a heart attack or stroke suffered not later than 24 hours after participating in such activity.