Surfing around the web, I was surprised to find that North Carolina provides a death benefit "for dependents of law-enforcement officers, firemen, rescue squad workers and senior Civil Air Patrol members killed in the discharge of their official duties."
(b) Payment shall be made to the person or persons qualifying therefor under
section (a) in the following amounts:
(1) At the time of the death of a(n) .... senior Civil Air Patrol member, twenty thousand dollars ($20,000)
shall be paid to the person or persons entitled thereto.
(2) Thereafter, ten thousand dollars ($10,000) shall be paid annually to the person or persons entitled thereto until the sum of the initial payment and each annual payment reaches fifty thousand dollars ($50,000). (3) In the event there is no person qualifying under subsection (a) of this section, fifty thousand dollars ($50,000) shall be paid to the estate of the .... senior Civil Air Patrol member at the time of death.
Especially interesting was:
For purposes of this Article, when .... dies as the direct and proximate result of a myocardial infarction suffered while on duty or within 24 hours after participating in a training exercise or responding to an emergency situation, the .... senior Civil Air
Patrol member is presumed to have been killed in the line of duty.
A myocardial infarction is a heart attack, among the most common non-accidental causes of death.
NC General Statutes - Chapter 143 Article 12A
I wasn't aware of that statute, but I'm thinking it came about because a few years ago, we lost 2 SM and a Deputy Sheriff that were flying a CN mission. We've historically had a pretty good relationship with the NC Legistlature. We're also included as a division of the NC Dept of Crime Control and Public Safety, along with the National Guard, and the NC State Highway Patrol.
Quote from: LtCol057 on August 23, 2009, 01:14:08 AM
I wasn't aware of that statute, but I'm thinking it came about because a few years ago, we lost 2 SM and a Deputy Sheriff that were flying a CN mission. We've historically had a pretty good relationship with the NC Legislature. We're also included as a division of the NC Dept of Crime Control and Public Safety, along with the National Guard, and the NC State Highway Patrol.
You might get your Legal Officer on this to make sure the families of those SMs got the benefit.
It's a legal issue I'm not qualified to address but the myocardial infarction part of the statute refers only to "participating in a training exercise or responding to an emergency situation", while the rest refers to the much broader "in the discharge of their official duties."
Ironically, if one died of an MI
training for CN one would certainly be covered but
while actually on a CN mission, apparently not.
$50,000 isn't a lot of money these days but it's something.
this issue was covered adnauseum here, actually FICA (Federal) provides total workers compensation including Death for CAP on a AF mission. This is specified in the Federal regulations. We are covered as GS 9s. In addition to Social Security and other payments from CAP etc and Each State has their own issues.
Quote from: wingnut55 on August 24, 2009, 09:39:47 PM
this issue was covered adnauseum here, actually FICA (Federal) provides total workers compensation including Death for CAP on a AF mission. This is specified in the Federal regulations. We are covered as GS 9s. In addition to Social Security and other payments from CAP etc and Each State has their own issues.
FICA - Federal Insurance Contributions Act (Social Security)
FECA - Federal Employees Compensation Act (Death and injury benefits for federal employees)
Quote from: wingnut55 on August 24, 2009, 09:39:47 PM
this issue was covered adnauseum here, actually FICA (Federal) provides total workers compensation including Death for CAP on a AF mission. This is specified in the Federal regulations. We are covered as GS 9s. In addition to Social Security and other payments from CAP etc and Each State has their own issues.
Not the same thing at all. FECA applies to Air Force missions. The NC statute is much more inclusive. It includes training as well as non-AF emergency missions.
I know there have been a few cases in NC.....sat in a legal deposition for one that CAP was involved in.
Don't get too excited. The NC Statute applies ONLY when CAP is involved in a state-approved and funded mission. There are not many of those. If there is death, bodily injury or tort liability during a state-approved mission, then NC Workers Compensation (including the death benefit) and the the NC Tort Claims Act come into play. These protections are not available during an Air Force-approved mission or during a corporate mission or activity. The Civil Air Patrol Division of the North Carolina Department of Crime Control and Pubic Safety is the state agency that approves state funded missions when the state deems them appropriate. CC&PS has no command oversight at all of CAP and has nothing to do with Air Force-approved missions or CAP corporate missions or activities.