I. Call, substitute, or volunteer firemen to be eligible for the benefits hereinafter set forth must be accepted by their respective city, town, precinct or organized volunteer company. All call, substitute, or volunteer firemen who desire the benefits of this section shall make application to the board of trustees and pay the sum of $6 per year, said amount to be paid in one sum, and shall give notice of their application for the benefits hereof to the treasurer or other disbursing officer of the city, town or precinct which employs them. The chief, clerk or other responsible officer of a fire company whose members have applied for the benefits of this section shall forward to the executive director of the board, on a form approved by the board, the number and the names of such members as of July 1 of every year and shall also notify the board of any dismissals, resignations or deaths during the year of any of its members who were eligible for the benefits hereof. New members of such fire companies applying for the benefits of this section during the fiscal year, who are not replacing former members of their company who had applied for benefits hereunder shall be assessed the full amounts as set forth above, if their applications are received on or before December 31 of any year, but their eligibility for the benefits hereunder shall extend only to June 30 of the following year or to the beginning of the new fiscal year. All new members of such fire companies, who are not replacing former members during the fiscal year and whose applications are received on or after January 1 of any year shall be assessed 1/2 the amount set forth above and shall be eligible for the benefits hereof only to June 30 of the same year or to the beginning of the new fiscal year. Members of such fire companies who, during the fiscal year, are replacing members who had applied for the benefits of this section but who are no longer members of the fire company, shall not be assessed, but shall be entitled to the benefits hereof to June 30 of the same fiscal year for which the member whom they are replacing was eligible. All assessments from call, substitute, or volunteer firemen, for any fiscal year beginning July 1 to June 30 of the following year, shall be paid on or before June 30 of that fiscal year in which application or renewal of application is received by the board; with the exception that, in case of total and permanent disability or accidental death of any member of a fire company who has made application for the benefits of this section, benefits accruing to such member or to the member's beneficiary shall not be paid until assessment for that fiscal year has first been received by the board. II. Upon the application of a call, substitute or volunteer fireman who is eligible for benefits under this section, and who has become totally and permanently incapacitated as the natural and proximate result of an injury received while in the actual performance of fire duty at some definite time and place, without willful negligence on his part, such fireman shall receive an annual allowance not to exceed $1,250; provided he is found to be mentally or physically incapacitated for employment and that such incapacity is likely to be permanent. The fact of such fireman's permanent disability shall be established in a manner similar to that employed for determining the eligibility of a member for an accidental disability allowance under RSA 100-A:6. III. If, upon the receipt by the board of trustees of proper proof of the death of a call, substitute, or volunteer fireman who was eligible for benefits under this section indicating that such death was the natural and proximate result of an injury received while in the actual performance of fire duty at some definite time and place, the board decides that death was the result of an accident in the performance of fire duty and was not caused by wilful negligence on the part of such fireman, an annual allowance equal to the allowance payable to the fireman on his becoming totally and permanently disabled, as set forth in paragraph II above, shall be payable to his widow, to continue during her widowhood; or if there is no widow, or if the widow dies or remarries before the youngest child of the deceased fireman has attained age 18, then to his child or children under such age, divided in such manner as the board in its discretion shall determine, to continue as a joint and survivorship allowance for the benefit of such child or children under said age until every child dies or attains said age; or if there is no widow or child under age 18 living at the death of the fireman, then to his dependent father or dependent mother as the board shall determine, to continue for life; provided that if none of the aforementioned beneficiaries is living at the death of the fireman no benefit shall be payable under the provisions of this paragraph. IV. For purposes of this section, firemen shall be acknowledged as performing their fire duties when they are going to, returning from, or working at a fire or other public emergency; when performing all work within the scope of employment of the fireman under the expressed or implied authority of a superior officer; and in such other cases as the board may from time to time decide to be for the public interest. V. In the case of a call, substitute or volunteer fireman in receipt of an allowance under paragraph II above as the result of a disability received in line of fire duty, who dies while in receipt of such allowance as the result of such injury received in the performance of fire duty, the payment of such allowance shall continue to his widow until she dies or remarries, or to his child or children until each reaches the age of 18 years.
Source. 1967, 134:1. 2000, 246:3, eff. July 1, 2000. 2006, 120:13, eff. July 14, 2006.
I. Call, substitute, or volunteer firemen to be eligible for the benefits hereinafter set forth must be accepted by their respective city, town, precinct or organized volunteer company. All call, substitute, or volunteer firemen who desire the benefits of this section shall make application to the board of trustees and pay the sum of $6 per year, said amount to be paid in one sum, and shall give notice of their application for the benefits hereof to the treasurer or other disbursing officer of the city, town or precinct which employs them. The chief, clerk or other responsible officer of a fire company whose members have applied for the benefits of this section shall forward to the executive director of the board, on a form approved by the board, the number and the names of such members as of July 1 of every year and shall also notify the board of any dismissals, resignations or deaths during the year of any of its members who were eligible for the benefits hereof. New members of such fire companies applying for the benefits of this section during the fiscal year, who are not replacing former members of their company who had applied for benefits hereunder shall be assessed the full amounts as set forth above, if their applications are received on or before December 31 of any year, but their eligibility for the benefits hereunder shall extend only to June 30 of the following year or to the beginning of the new fiscal year. All new members of such fire companies, who are not replacing former members during the fiscal year and whose applications are received on or after January 1 of any year shall be assessed 1/2 the amount set forth above and shall be eligible for the benefits hereof only to June 30 of the same year or to the beginning of the new fiscal year. Members of such fire companies who, during the fiscal year, are replacing members who had applied for the benefits of this section but who are no longer members of the fire company, shall not be assessed, but shall be entitled to the benefits hereof to June 30 of the same fiscal year for which the member whom they are replacing was eligible. All assessments from call, substitute, or volunteer firemen, for any fiscal year beginning July 1 to June 30 of the following year, shall be paid on or before June 30 of that fiscal year in which application or renewal of application is received by the board; with the exception that, in case of total and permanent disability or accidental death of any member of a fire company who has made application for the benefits of this section, benefits accruing to such member or to the member's beneficiary shall not be paid until assessment for that fiscal year has first been received by the board. II. Upon the application of a call, substitute or volunteer fireman who is eligible for benefits under this section, and who has become totally and permanently incapacitated as the natural and proximate result of an injury received while in the actual performance of fire duty at some definite time and place, without willful negligence on his part, such fireman shall receive an annual allowance not to exceed $1,250; provided he is found to be mentally or physically incapacitated for employment and that such incapacity is likely to be permanent. The fact of such fireman's permanent disability shall be established in a manner similar to that employed for determining the eligibility of a member for an accidental disability allowance under RSA 100-A:6. III. If, upon the receipt by the board of trustees of proper proof of the death of a call, substitute, or volunteer fireman who was eligible for benefits under this section indicating that such death was the natural and proximate result of an injury received while in the actual performance of fire duty at some definite time and place, the board decides that death was the result of an accident in the performance of fire duty and was not caused by wilful negligence on the part of such fireman, an annual allowance equal to the allowance payable to the fireman on his becoming totally and permanently disabled, as set forth in paragraph II above, shall be payable to his widow, to continue during her widowhood; or if there is no widow, or if the widow dies or remarries before the youngest child of the deceased fireman has attained age 18, then to his child or children under such age, divided in such manner as the board in its discretion shall determine, to continue as a joint and survivorship allowance for the benefit of such child or children under said age until every child dies or attains said age; or if there is no widow or child under age 18 living at the death of the fireman, then to his dependent father or dependent mother as the board shall determine, to continue for life; provided that if none of the aforementioned beneficiaries is living at the death of the fireman no benefit shall be payable under the provisions of this paragraph. IV. For purposes of this section, firemen shall be acknowledged as performing their fire duties when they are going to, returning from, or working at a fire or other public emergency; when performing all work within the scope of employment of the fireman under the expressed or implied authority of a superior officer; and in such other cases as the board may from time to time decide to be for the public interest. V. In the case of a call, substitute or volunteer fireman in receipt of an allowance under paragraph II above as the result of a disability received in line of fire duty, who dies while in receipt of such allowance as the result of such injury received in the performance of fire duty, the payment of such allowance shall continue to his widow until she dies or remarries, or to his child or children until each reaches the age of 18 years.
Source. 1967, 134:1. 2000, 246:3, eff. July 1, 2000. 2006, 120:13, eff. July 14, 2006.
I. Call, substitute, or volunteer firemen to be eligible for the benefits hereinafter set forth must be accepted by their respective city, town, precinct or organized volunteer company. All call, substitute, or volunteer firemen who desire the benefits of this section shall make application to the board of trustees and pay the sum of $6 per year, said amount to be paid in one sum, and shall give notice of their application for the benefits hereof to the treasurer or other disbursing officer of the city, town or precinct which employs them. The chief, clerk or other responsible officer of a fire company whose members have applied for the benefits of this section shall forward to the executive director of the board, on a form approved by the board, the number and the names of such members as of July 1 of every year and shall also notify the board of any dismissals, resignations or deaths during the year of any of its members who were eligible for the benefits hereof. New members of such fire companies applying for the benefits of this section during the fiscal year, who are not replacing former members of their company who had applied for benefits hereunder shall be assessed the full amounts as set forth above, if their applications are received on or before December 31 of any year, but their eligibility for the benefits hereunder shall extend only to June 30 of the following year or to the beginning of the new fiscal year. All new members of such fire companies, who are not replacing former members during the fiscal year and whose applications are received on or after January 1 of any year shall be assessed 1/2 the amount set forth above and shall be eligible for the benefits hereof only to June 30 of the same year or to the beginning of the new fiscal year. Members of such fire companies who, during the fiscal year, are replacing members who had applied for the benefits of this section but who are no longer members of the fire company, shall not be assessed, but shall be entitled to the benefits hereof to June 30 of the same fiscal year for which the member whom they are replacing was eligible. All assessments from call, substitute, or volunteer firemen, for any fiscal year beginning July 1 to June 30 of the following year, shall be paid on or before June 30 of that fiscal year in which application or renewal of application is received by the board; with the exception that, in case of total and permanent disability or accidental death of any member of a fire company who has made application for the benefits of this section, benefits accruing to such member or to the member's beneficiary shall not be paid until assessment for that fiscal year has first been received by the board. II. Upon the application of a call, substitute or volunteer fireman who is eligible for benefits under this section, and who has become totally and permanently incapacitated as the natural and proximate result of an injury received while in the actual performance of fire duty at some definite time and place, without willful negligence on his part, such fireman shall receive an annual allowance not to exceed $1,250; provided he is found to be mentally or physically incapacitated for employment and that such incapacity is likely to be permanent. The fact of such fireman's permanent disability shall be established in a manner similar to that employed for determining the eligibility of a member for an accidental disability allowance under RSA 100-A:6. III. If, upon the receipt by the board of trustees of proper proof of the death of a call, substitute, or volunteer fireman who was eligible for benefits under this section indicating that such death was the natural and proximate result of an injury received while in the actual performance of fire duty at some definite time and place, the board decides that death was the result of an accident in the performance of fire duty and was not caused by wilful negligence on the part of such fireman, an annual allowance equal to the allowance payable to the fireman on his becoming totally and permanently disabled, as set forth in paragraph II above, shall be payable to his widow, to continue during her widowhood; or if there is no widow, or if the widow dies or remarries before the youngest child of the deceased fireman has attained age 18, then to his child or children under such age, divided in such manner as the board in its discretion shall determine, to continue as a joint and survivorship allowance for the benefit of such child or children under said age until every child dies or attains said age; or if there is no widow or child under age 18 living at the death of the fireman, then to his dependent father or dependent mother as the board shall determine, to continue for life; provided that if none of the aforementioned beneficiaries is living at the death of the fireman no benefit shall be payable under the provisions of this paragraph. IV. For purposes of this section, firemen shall be acknowledged as performing their fire duties when they are going to, returning from, or working at a fire or other public emergency; when performing all work within the scope of employment of the fireman under the expressed or implied authority of a superior officer; and in such other cases as the board may from time to time decide to be for the public interest. V. In the case of a call, substitute or volunteer fireman in receipt of an allowance under paragraph II above as the result of a disability received in line of fire duty, who dies while in receipt of such allowance as the result of such injury received in the performance of fire duty, the payment of such allowance shall continue to his widow until she dies or remarries, or to his child or children until each reaches the age of 18 years.
Source. 1967, 134:1. 2000, 246:3, eff. July 1, 2000. 2006, 120:13, eff. July 14, 2006.
