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<section article="gle" article_name="Labor and Employment" number="9-234" title_number="9" title_name="Workers' Compensation" subtitle_number="2" subtitle_name="Covered Employees and Employers">
  <level label="a">
    <level label="1">
      <text>In this section the following words have the meanings indicated.</text>
    </level>
    <level label="2">
      <level label="i">
        <text>“On duty” means:</text>
        <level label="1">
          <text>fighting a fire;</text>
        </level>
        <level label="2">
          <text>performing a duty of a member of an advanced life support unit or an ambulance, first aid, or rescue squad in a volunteer company;</text>
        </level>
        <level label="3">
          <text>except as provided in subparagraph (ii) of this paragraph, performing a duty that the volunteer company assigns to the member;</text>
        </level>
        <level label="4">
          <text>performing a duty that a written bylaw or rule of government adopted for the volunteer company assigns to the member;</text>
        </level>
        <level label="5">
          <text>going to or from performing a duty included under item 1, 2, 3, or 4 of this subparagraph;</text>
        </level>
        <level label="6">
          <text>accompanying an accident or fire victim while being transported to a hospital in a helicopter;</text>
        </level>
        <level label="7">
          <text>returning to the home station of the individual after accompanying a victim under item 6 of this subparagraph;</text>
        </level>
        <level label="8">
          <text>performing a duty assigned to a member of a fire company appointed as a deputy sheriff under § 7–302 or § 7–303 of the Public Safety Article; or</text>
        </level>
        <level label="9">
          <text>performing a duty assigned to an individual appointed to serve as a member of the fire police in Washington County under § 7–304 of the Public Safety Article.</text>
        </level>
      </level>
      <level label="ii">
        <text>“On duty” does not include attendance of a member of a volunteer company at a social function unless a written bylaw or rule of government adopted for the volunteer company requires the attendance or participation of the member.</text>
      </level>
    </level>
    <level label="3">
      <text>“Volunteer company” means:</text>
      <level label="i">
        <text>a volunteer advanced life support unit;</text>
      </level>
      <level label="ii">
        <text>a volunteer ambulance company or squad;</text>
      </level>
      <level label="iii">
        <text>a volunteer fire company or department;</text>
      </level>
      <level label="iv">
        <text>a volunteer rescue company, department, or squad; and</text>
      </level>
      <level label="v">
        <text>a volunteer fire police unit.</text>
      </level>
    </level>
  </level>
  <level label="b">
    <text>An individual who is a covered employee under subsection (h)(2), (k), (n), (o)(2), (p)(1)(ii), (r)(2), (v), or (x)(1) of this section continues to be a covered employee while:</text>
    <level label="1">
      <text>accompanying an accident or fire victim who is being transported to a hospital in a helicopter; and</text>
    </level>
    <level label="2">
      <text>returning to the home station of the individual after accompanying a victim under item (1) of this subsection.</text>
    </level>
  </level>
  <level label="c">
    <level label="1">
      <text>Unless an election is made under paragraph (2) of this subsection, a member of a volunteer company in Allegany County is not a covered employee.</text>
    </level>
    <level label="2">
      <text>The Board of County Commissioners for Allegany County may provide by resolution for members of a volunteer company in the county to be covered employees while on duty.</text>
    </level>
  </level>
  <level label="d">
    <text>A member of a volunteer company in Anne Arundel County is a covered employee while on duty.</text>
  </level>
  <level label="e">
    <text>A member of a volunteer company in Baltimore County is a covered employee while on duty.</text>
  </level>
  <level label="f">
    <text>A member of a volunteer company in Calvert County is a covered employee while on duty.</text>
  </level>
  <level label="g">
    <text>A member of a volunteer company in Caroline County is a covered employee while on duty.</text>
  </level>
  <level label="h">
    <level label="1">
      <text>Unless an election is made in accordance with this subsection, a member of a volunteer company in Carroll County is not a covered employee.</text>
    </level>
    <level label="2">
      <text>A volunteer fire company in Carroll County may elect to make its members covered employees.</text>
    </level>
    <level label="3">
      <text>A volunteer fire company that elects to make its members covered employees shall pay the premium for the coverage.</text>
    </level>
  </level>
  <level label="i">
    <level label="1">
      <text>A member of a volunteer company in Cecil County who meets the guidelines set under paragraph (2) of this subsection is a covered employee while on duty.</text>
    </level>
    <level label="2">
      <text>The Board of County Commissioners of Cecil County may set guidelines to determine the eligibility of members of a volunteer company in the county for coverage under this subsection.</text>
    </level>
    <level label="3">
      <text>The guidelines under paragraph (2) of this subsection may not limit the number of covered employees in a volunteer company.</text>
    </level>
  </level>
  <level label="j">
    <level label="1">
      <text>Unless an election is made in accordance with this subsection, a member of a volunteer company in Charles County is not a covered employee.</text>
    </level>
    <level label="2">
      <text>The Board of County Commissioners of Charles County may provide by resolution for members of a volunteer company in the county to be covered employees while on duty.</text>
    </level>
  </level>
  <level label="k">
    <text>A member of a volunteer company in Dorchester County is a covered employee.</text>
  </level>
  <level label="l">
    <text>A member of a volunteer company in Frederick County is a covered employee while on duty.</text>
  </level>
  <level label="m">
    <level label="1">
      <text>Unless an election is made under paragraph (2) of this subsection, a member of a volunteer company in Garrett County is not a covered employee.</text>
    </level>
    <level label="2">
      <text>The Board of County Commissioners for Garrett County may provide by resolution for members of a volunteer company in the county to be covered employees while on duty.</text>
    </level>
  </level>
  <level label="n">
    <text>A member of a volunteer company in Harford County is a covered employee.</text>
  </level>
  <level label="o">
    <text>An individual is a covered employee:</text>
    <level label="1">
      <text>while on duty as an actively participating member of a volunteer company in Howard County; or</text>
    </level>
    <level label="2">
      <text>if not covered under item (1) of this subsection, while a member of a volunteer company in Howard County participating in the activities of the volunteer company.</text>
    </level>
  </level>
  <level label="p">
    <level label="1">
      <text>An individual is a covered employee:</text>
      <level label="i">
        <text>while on duty as an actively participating member of a volunteer company in Kent County; or</text>
      </level>
      <level label="ii">
        <text>if not covered under item (i) of this paragraph, while a member of a volunteer company in Kent County.</text>
      </level>
    </level>
    <level label="2">
      <text>The Board of County Commissioners of Kent County shall impose annually a tax on assessable property in the county in an amount that is sufficient to pay for coverage under this subsection.</text>
    </level>
    <level label="3">
      <text>The Board of County Commissioners of Kent County may limit the number of members in a volunteer company in the county.</text>
    </level>
  </level>
  <level label="q">
    <text>A member of a volunteer company in Montgomery County is a covered employee while on duty.</text>
  </level>
  <level label="r">
    <text>An individual is a covered employee:</text>
    <level label="1">
      <text>while on duty as a member of the Laurel volunteer rescue squad in Prince George’s County; or</text>
    </level>
    <level label="2">
      <text>while a member of a volunteer company in Prince George’s County.</text>
    </level>
  </level>
  <level label="s">
    <text>A member of a volunteer company in Queen Anne’s County is a covered employee while on duty.</text>
  </level>
  <level label="t">
    <level label="1">
      <text>Unless an election is made under paragraph (2) of this subsection, a member of a volunteer company in St. Mary’s County is not a covered employee.</text>
    </level>
    <level label="2">
      <text>The Board of County Commissioners for St. Mary’s County may provide by resolution for the members of a volunteer company in the county to be covered employees while on duty.</text>
    </level>
  </level>
  <level label="u">
    <level label="1">
      <text>Unless an election is made under paragraph (2) of this subsection, a member of a volunteer company in Somerset County is not a covered employee.</text>
    </level>
    <level label="2">
      <text>The Board of County Commissioners for Somerset County may provide by resolution for members of a volunteer company in the county to be covered employees while on duty.</text>
    </level>
  </level>
  <level label="v">
    <level label="1">
      <text>A member of a volunteer company in Talbot County is a covered employee.</text>
    </level>
    <level label="2">
      <text>The County Council of Talbot County may provide by resolution for members of a volunteer company in the county to be covered employees while on duty.</text>
    </level>
  </level>
  <level label="w">
    <level label="1">
      <text>Except as provided in paragraph (3) of this subsection, unless an election is made under paragraph (2) of this subsection, a member of a volunteer company in Washington County is not a covered employee.</text>
    </level>
    <level label="2">
      <text>The Board of County Commissioners for Washington County may provide by resolution for members of a volunteer company in the county to be covered employees while on duty.</text>
    </level>
    <level label="3">
      <text>A member of a volunteer company in Washington County is a covered employee if the individual is at least 15 years old and is enrolled in the Fire and Rescue Academy Program operated by the Washington County Board of Education.</text>
    </level>
  </level>
  <level label="x">
    <level label="1">
      <text>A member of a volunteer company in Wicomico County is a covered employee.</text>
    </level>
    <level label="2">
      <text>The County Council of Wicomico County may provide by resolution for members of a volunteer company in the county to be covered employees while on duty.</text>
    </level>
  </level>
  <level label="y">
    <level label="1">
      <text>Unless an election is made under paragraph (2) of this subsection, a member of a volunteer company in Worcester County is not a covered employee.</text>
    </level>
    <level label="2">
      <text>The Board of County Commissioners for Worcester County may provide by resolution for members of a volunteer company in the county to be covered employees while on duty.</text>
    </level>
  </level>
  <level label="z">
    <level label="1">
      <text>For the purposes of this title, a member of a volunteer company who is a covered employee under this section is an employee of the political subdivision of the State where the volunteer company is organized.</text>
    </level>
    <level label="2">
      <text>A member of a volunteer company shall be covered while on duty by a policy of workers’ compensation insurance.</text>
    </level>
  </level>
  <level label="aa">
    <text>A member of a volunteer company who is a covered employee under this section may not be considered a paid covered employee of the volunteer company for receiving as a membership benefit a yearly stipend of $5,200 or less to help offset out–of–pocket expenses.</text>
  </level>
</section>
