Division 6. Volunteer Fire Companies

All existing nonprofit incorporated volunteer fire companies and/or rescue squads operating in Prince George's County are declared to be an instrumentality of Prince George's County and/or the municipality in which they operate for the protection of life and property from the hazards of fires, explosions, and related perils.

No income of such existing nonprofit incorporated volunteer fire companies and/or rescue squads shall inure to any private person.

The beneficial interest in any assets, real or personal, held by such existing nonprofit incorporated volunteer fire companies and/or rescue squads shall be vested in Prince George's County or the municipality wherein such volunteer fire companies and/or rescue squads are located and operating. The County or municipality shall be vested with full legal ownership of all such assets upon the retirement of all indebtedness of such volunteer fire companies and/or rescue squads.

In the event of dissolution or liquidation of such incorporated fire companies and/or rescue squads, title to all assets, real or personal, held by it, shall revert to and vest in Prince George's County or the municipality in which the fire companies or rescue squads are located.

The provisions of this Section shall apply to all volunteer fire companies and/or rescue squads hereinafter organized under the laws of Prince George's County.

Notwithstanding any other provision of this Division, the Council is authorized to direct the appropriate fiscal officer of Prince George's County, before disbursing any taxes collected pursuant to this Division to any fire company in the County, to withhold from such distribution an amount sufficient to provide for the payment of the principal of and interest on any bonds issued by the County for the purpose of providing funds for the construction of a fire engine house or fire engine houses in the County, including the acquisition and development of sites therefor, the architectural and engineering services incident thereto, and the acquisition and installation of necessary permanent furnishings, fixed permanent equipment and fire-fighting equipment therefor. In determining the amount to be withheld, the Council may adopt such formula as it, in its discretion, shall deem equitable and just.

The Council shall determine, among other things, the amount of the bond proceeds expended in each of the fire districts as defined in this Division, the amount of money required to service the bonds issued therefor and the amount of tax revenues allocable to the fire district under any of the provisions contained in this Division, but in no event shall the bond service requirement for expenditures made in any fire district exceed the amount of tax revenues allocable to such fire district as determined in accordance with the terms and provisions of this Division.

The Council shall levy a tax to provide for a Blanket Life and Accident Insurance Policy covering the members of all volunteer fire departments and rescues squads in the County. This policy shall provide for death benefits, disability benefits, medical expenses benefits, family assistance, and optional auxiliary and/or community volunteer coverage. Pursuant to the County's Blanket Life and Accident Insurance Policy, there shall be a minimum death benefit of Fifty Thousand Dollars ($50,000) payable upon the death of any member of a County volunteer fire department or rescue squad whose death results from a covered activity or illness in the Blanket Life and Accident Insurance Policy.

The Fire Department shall notify all active members of the volunteer fire departments and rescue squads of the benefits available under the County's Blanket Life and Accident Insurance Policy. Upon joining a volunteer fire department or rescue squad, a new member shall be oriented to the benefits available under this insurance policy.

The Council shall adopt such rules and regulations as they deem necessary to administer the provisions of this Section.

The Council may reduce any sums payable under this Section in an amount equal to the amount received by a beneficiary under the provisions of Article 101, Annotated Code of Maryland, entitled Workmen's Compensation.

There is hereby established a Length of Service Award program for active volunteer members of the Prince George's County Fire/Emergency Medical Services Department.

Eligibility. Beginning July 1, 2005, any person who has reached the age of fifty-five (55) and who has completed a minimum of twenty-five (25) years of certified active volunteer service with any Prince George's County volunteer fire company or volunteer rescue squad or combination thereof shall be eligible to participate in the Length of Service Award Program. The requirements for eligibility are:

Benefits.

Once a member has received benefits under Subsection (c)(5) he may not accrue additional benefits for subsequent service.

(A) In the event that any qualified volunteer shall die while receiving benefits, then his or her surviving spouse is entitled to benefits equal to fifty percent (50%) of the volunteer's benefits. These benefits shall terminate upon death or remarriage of the spouse.

When a qualified volunteer dies after July 1, 2005, a burial benefit of Five Thousand Dollars ($5,000.00) shall be paid to the surviving spouse, and if there is no surviving spouse to the estate of the decedent. Effective July 1, 2014, and thereafter, the burial benefit shall be Ten Thousand Dollars ($10,000.00). A qualified volunteer is defined as one who has completed twenty-five (25) years of service or is qualified to receive benefits under this Section.

Funding. The Fire Commission will annually submit with the Volunteer Fire Department budgets a request for funds to pay administrative expenses and to pay those volunteer members who are eligible or will become eligible for the program. The request shall identify by name each member to receive payment and specify the number of months for which payment will be made to that individual during the fiscal year, if for less than a full year.

Administration.

Certification. It shall be the responsibility of each participating department to maintain a detailed and accurate record for each volunteer member in accordance with the following:

Active Service Standards. For the purpose of participating in the program, a year of active volunteer service is defined as a year in which an applicant for certification has accumulated a minimum of fifty (50) points in accordance with the following point system. Points will be credited for the period of July 1, through June 30, each year and shall not be transferable from one year to the next.

Cost of Living Increases.

There shall be a death benefit of Fifteen Thousand Dollars ($15,000) payable upon the death of any member of a County volunteer fire department or rescue squad. This payment shall be a one time, lump sum and shall be paid within ten (10) calendar days from the date of the volunteer's death. It shall be paid to the person or persons specified by the volunteer in accordance with duly authorized personnel procedures of the County.

In addition, there shall be a line of duty death benefit for every year the member of a County volunteer fire department or rescue squad served over ten (10) years of Three Thousand Dollars ($3,000) per year, and Five Thousand Dollars ($5,000) per year for every year served over fifteen (15) years.

The death of any active member caused by lung disease, heart disease, hypertension, leukemia, prostate cancer, colorectal cancer, throat cancer, multiple myeloma, non-Hodgkin's lymphoma, brain cancer, testicular cancer or breast cancer, shall be presumed to be service-connected and to have been suffered in the line of duty and as a result of his/her membership of these volunteer fire departments or rescue squads unless evidence is produced which shall demonstrate a reasonable degree of medical certainty that the member's death is not related to their service in a volunteer fire department or rescue squad. This subsection shall apply to an individual who completed at least ten (10) years of service as a firefighter, firefighting instructor, rescue squad member, technical rescue basic life support unit member, or advanced life support unit member, auxiliary member, administrative member or in a combination of those jobs in the County. For purposes of this Subsection, an active member shall mean someone who has earned at least fifty (50) Length of Service Award Program points. This Subsection shall only extend medical presumption to the County death benefit outlined in Section 11-329(b), and shall not be applied to Maryland Workers' Compensation Law for disability benefits.

Subsection (c) shall only apply to those members who have completed a base line physical to include screenings consistent with National Fire Protection Association ("NFPA") 1582 criteria for cancer, lung disease, heart disease, and hypertension; and shall submit documentation of an annual physical to include screenings consistent with NFPA 1582 criteria for those meeting the risk factor of a comprehensive screening for cancer, lung disease, heart disease, and hypertension. The annual physical may be performed by a County vendor, or the member's primary care physician at the expense of the member or the member's insurance. A copy of the member's physical results will be sent to Fire Department Risk Management. The required documentation from for the annual physical performed by a personal physician shall include a checklist of required screenings consistent with Prince George's County and NFPA 1582 standards. A member may opt for additional tests and evaluations as directed by the member's primary care physician. If a member chooses not to participate in the annual physical, it shall not affect his or her volunteer status. A member's medical documents from an annual physical shall become property of the Fire Department Risk Management and be subject to all medical record review rules and regulations in concert with HIPPA, shall remain confidential, and shall not be reviewed by the County without the express consent of the member. Former members who are no longer volunteers shall qualify for a medical presumption under Subsection (c) if they meet other eligibility requirements and were active members within the last five (5) years preceding their diagnosis.