23-1702. Municipal firefighter cancer reimbursement fund; exemption; rulemaking; annual report
A. The municipal firefighter cancer reimbursement fund is established consisting of monies deposited in the fund pursuant to section 23-1703. The commission shall administer the fund. Monies in the fund shall be used to reimburse municipal payors for the compensation and benefits paid by municipal payors to municipal firefighters and municipal fire investigators under section 23-901.09 for:
1. Compensation for temporary partial disability, permanent partial disability and lost earning capacity as prescribed in section 23-1044.
2. Compensation for temporary total disability and permanent total disability as prescribed in section 23-1045.
3. Medical, surgical and hospital benefits as prescribed in section 23-1062.
4. Death benefits as prescribed in section 23-1046.
B. The fund consists of the following:
1. Fees from cities and towns deposited pursuant to section 23-1703.
2. Monies received from any other source, including federal monies, investment income and private grants, gifts, contributions and devises.
C. The commission shall annually distribute the monies in the fund on a prorated basis based on the amount of the individual compensation and benefits paid by a municipal payor for compensation and benefits to a municipal firefighter or municipal fire investigator for a disease, infirmity or impairment as prescribed in section 23-901.09 in proportion to the statewide aggregate of all compensation and benefits paid to municipal firefighters and municipal fire investigators pursuant to section 23-901.09 for the fiscal year. The commission may not reimburse monies for expenses relating to case management, vocational rehabilitation or similar nonmedical costs. The prorated share shall be distributed to the municipal payors entitled to a share without regard to the order in which the respective compensation and benefits were paid in the fiscal year.
D. Monies in the fund are continuously appropriated and are exempt from the provisions of section 35-190 relating to lapsing of appropriations.
E. On or before January 1, 2022, the commission shall adopt rules pursuant to title 41, chapter 6 to carry out this chapter.
F. On or before April 1 of each year, the commission shall submit a report to the legislature and the municipal payors reimbursed from the fund on the financial status of the fund. The report shall include all of the following:
1. The total number of fund reimbursement claims the commission received in the immediately preceding fiscal year.
2. For the immediately preceding fiscal year, the number of fund reimbursement claims approved, the total dollar amount of fund reimbursement claims paid by the fund and the amount paid to each municipal payor reimbursed by the fund.
3. The amount of any anticipated surplus in the fund.