Page:United States Statutes at Large Volume 98 Part 2.djvu/939

 PUBLIC LAW 98-473—OCT. 12, 1984

98 STAT. 2099

"(f) No benefit paid under this part shall be subject to execution or attachment.

Prohibitions.

LIMITATIONS

"SEC. 1202. No benefit shall be paid under this part— "(1) if the death was caused by the intentional misconduct of the public safety officer or by such officer's intention to bring about his death; "(2) if the public safety officer was voluntarily intoxicated at the time of his death; "(3) if the public safety officer was performing his duties in a grossly negligent manner at the time of his death; "(4) to any individual who would otherwise be entitled to a benefit under this part if such individual's actions were a substantial contributing factor to the death of the public safety officer; or "(5) to any individual employed in a capacity other than a civilian capacity.

42 USC 3796a.

"DEFINITIONS

"SEC. 1203. As used in this part— "(1) 'child' means any natural, illegitimate, adopted, or posthumous child or stepchild of a deceased public safety officer who, at the time of the public safety officer's death, is— "(i) 18 years of age or under; "(ii) over 18 years of age and a student as defined in section 8101 of title 5, United States Code; or "(iii) over 18 years of age and incapable of self-support because of physical or mental disability; "(2) 'dependent' means any individual who was substantially reliant for support upon the income of the deceased public safety officer; "(3) 'firefighter' includes an individual serving as an officially recognized or designated member of a legally organized volunteer fire department; "(4) 'intoxication' means a disturbance of mental or physical faculties resulting from the introduction of alcohol into the body as evidenced by— "(i) a post-mortem blood alcohol level of.20 per centum or greater; or "(ii) a post-mortem blood alcohol level of at least.10 per centum but less than.20 per centum unless the Bureau receives convincing evidence that the public safety officer was not acting in an intoxicated manner immediately prior to his death; or resulting from drugs or other substances in the body; "(5) 'law enforcement officer' means an individual involved in crime and juvenile delinquency control or reduction, or enforcement of the laws, including, but not limited to, police, corrections, probation, parole, and judicial officers; "(6) 'public agency' means the United States, any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands of the United States, Guam, American Samoa, the Trust Territory of the Pacific Islands, the Commonwealth of the Northern Mariana Islands, and any territory or possession of the United States, or any unit of local

42 USC 3796b.

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