12 CAR § 60-403. Payment of death benefit

        12 CAR § 60-403. Payment of death benefit.

        (a) Purpose. To establish criteria for the payment of a death benefit from special revenues held by the Department of Corrections or its various divisions to any department employee killed in the line of duty.

        (b) Applicability. All employees of the department.

        (c) Definitions. As used in this section:

                (1)(A) “Beneficiary” means a designated recipient, other than the employee, including the employee’s spouse or the surviving child of the employee if there is no surviving spouse.

                        (B) If there is more than one (1) surviving child of the employee, the death benefit will be split equally amongst all designated surviving children;

                (2) “Board” means the Board of Corrections;

                (3) “Department” means the Department of Corrections;

                (4)(A) “Director” means the executive head of a division, board, commission, or section of the department.

                        (B) The Chief of Staff is designated as the executive head of Shared Services for purposes of this section, and the Compliance Administrator is designated as the executive head of the Compliance Division for purposes of this section;

                (5) “Employee” means any person employed in a full-time or part-time capacity by the Department of Corrections, including any division, board, or commission of the Department of Corrections;

                (6) “In the line of duty” refers to activities related to an employee’s official job responsibilities; and

                (7) “Secretary” means the Secretary of the Department of Corrections.

        (d) Policy. It shall be the policy of the Board of Corrections to provide a death benefit not to exceed five thousand dollars ($5,000) for any department employee killed in the line of duty in accordance with guidelines set out in this section.

        (e) Procedures.

                (1) Director request.

                        (A) A director may submit a request to the secretary for consideration of payment of a death benefit for any employee who loses his or her life in the line of duty.

                        (B) If the secretary determines that an employee is eligible to receive payment of a death benefit, the Chief Financial Officer of the Department of Corrections must certify availability of funds and determine the source of funding.

                        (C) The secretary will submit a request to the Board of Corrections outlining the circumstances surrounding the request for payment of a death benefit, including the possible funding source if the request is granted.

                        (D) The document submitted to the Board of Corrections should contain sufficient information to advise the Board of Corrections how the loss of life was related to performance of official job responsibilities.

                (2) Payment of death benefit.

                        (A) Upon approval by the Board of Corrections, the Chief Financial Officer of the Department of Corrections shall cause to be issued a payment to the beneficiary of an employee who lost his or her life in the line of duty.

                        (B) The amount of payment shall be set by the Board of Corrections and shall not exceed five thousand dollars ($5,000).

        (f) Implementation. The secretary may issue directives to implement the guidance contained within this section.



	
		
		
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		<p class="cs79B133C8"><span class="cs18C49E50">        </span><span class="csEB3271CB">12 CAR &sect; 60-403.</span><span class="cs18C49E50"> </span><span class="csEB3271CB">Payment of death benefit.</span></p><p class="cs79B133C8"><span class="cs18C49E50">        (a) </span><span class="csEB3271CB">Purpose. </span><span class="cs18C49E50">To establish criteria for the payment of a death benefit from special revenues held by the Department of Corrections or its various divisions to any department employee killed in the line of duty.</span></p><p class="cs79B133C8"><span class="cs18C49E50">        (b) </span><span class="csEB3271CB">Applicability. </span><span class="cs18C49E50">All employees of the department.</span></p><p class="cs79B133C8"><span class="cs18C49E50">        (c) </span><span class="csEB3271CB">Definitions. </span><span class="cs18C49E50">As used in this section:</span></p><p class="cs79B133C8"><span class="cs18C49E50">                (1)(A) &ldquo;Beneficiary&rdquo; means a designated recipient, other than the employee, including the employee&rsquo;s spouse or the surviving child of the employee if there is no surviving spouse. </span></p><p class="cs79B133C8"><span class="cs18C49E50">                        (B) If there is more than one (1) surviving child of the employee, the death benefit will be split equally amongst all designated surviving children;</span></p><p class="cs79B133C8"><span class="cs18C49E50">                (2) &ldquo;Board&rdquo; means the Board of Corrections;</span></p><p class="cs79B133C8"><span class="cs18C49E50">                (3) &ldquo;Department&rdquo; means the Department of Corrections;</span></p><p class="cs79B133C8"><span class="cs18C49E50">                (4)(A) &ldquo;Director&rdquo; means the executive head of a division, board, commission, or section of the department. </span></p><p class="cs79B133C8"><span class="cs18C49E50">                        (B) The Chief of Staff is designated as the executive head of Shared Services for purposes of this section, and the Compliance Administrator is designated as the executive head of the Compliance Division for purposes of this section;</span></p><p class="cs79B133C8"><span class="cs18C49E50">                (5) &ldquo;Employee&rdquo; means any person employed in a full-time or part-time capacity by the Department of Corrections, including any division, board, or commission of the Department of Corrections;</span></p><p class="cs79B133C8"><span class="cs18C49E50">                (6) &ldquo;In the line of duty&rdquo; refers to activities related to an employee&rsquo;s official job responsibilities; and</span></p><p class="cs79B133C8"><span class="cs18C49E50">                (7) &ldquo;Secretary&rdquo; means the Secretary of the Department of Corrections.</span></p><p class="cs79B133C8"><span class="cs18C49E50">        (d) </span><span class="csEB3271CB">Policy. </span><span class="cs18C49E50">It shall be the policy of the Board of Corrections to provide a death benefit not to exceed five thousand dollars ($5,000) for any department employee killed in the line of duty in accordance with guidelines set out in this section.</span></p><p class="cs79B133C8"><span class="cs18C49E50">        (e) </span><span class="csEB3271CB">Procedures.</span></p><p class="cs79B133C8"><span class="cs18C49E50">                (1) </span><span class="csEB3271CB">Director request.</span></p><p class="cs79B133C8"><span class="cs18C49E50">                        (A) A director may submit a request to the secretary for consideration of payment of a death benefit for any employee who loses his or her life in the line of duty.</span></p><p class="cs79B133C8"><span class="cs18C49E50">                        (B) If the secretary determines that an employee is eligible to receive payment of a death benefit, the Chief Financial Officer of the Department of Corrections must certify availability of funds and determine the source of funding.</span></p><p class="cs79B133C8"><span class="cs18C49E50">                        (C) The secretary will submit a request to the Board of Corrections outlining the circumstances surrounding the request for payment of a death benefit, including the possible funding source if the request is granted.</span></p><p class="cs79B133C8"><span class="cs18C49E50">                        (D) The document submitted to the Board of Corrections should contain sufficient information to advise the Board of Corrections how the loss of life was related to performance of official job responsibilities.</span></p><p class="cs79B133C8"><span class="cs18C49E50">                (2) </span><span class="csEB3271CB">Payment of death benefit.</span></p><p class="cs79B133C8"><span class="cs18C49E50">                        (A) Upon approval by the Board of Corrections, the Chief Financial Officer of the Department of Corrections shall cause to be issued a payment to the beneficiary of an employee who lost his or her life in the line of duty.</span></p><p class="cs79B133C8"><span class="cs18C49E50">                        (B) The amount of payment shall be set by the Board of Corrections and shall not exceed five thousand dollars ($5,000).</span></p><p class="cs79B133C8"><span class="cs18C49E50">        (f) </span><span class="csEB3271CB">Implementation. </span><span class="cs18C49E50">The secretary may issue directives to implement the guidance contained within this section.</span></p>

This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows:
"Section Number:
ADC 807/ACC 9.2
Page Number: 1 of2
Board Approval Date: TBD
Supersedes: New
Dated: TBD
Reference: A.C.A. § 12-27-150
Effective Date: TBD"

"I. AUTHORITY:
The authority to promulgate this rule is vested in Section 47 of Act 203 of 2022, Fiscal Session, found in special language, now codified at A.C.A. § 12-27-150."

"IIIX. A.C.A. REFERENCES:
AC.A.§ 12-27-150"
Arkansas Code § 12-27-105; Arkansas Code § 12-27-150