Current with changes through the 2024 First Special Legislative Session
Section 81-8,318 - Compensation; claim; requirements; Risk Manager; State Claims Board; powers and duties(1) To receive compensation under the In the Line of Duty Compensation Act, a claim for the compensation shall be filed with the Risk Manager within three years after the date of death of the public safety officer who was killed in the line of duty. Such claim shall be on a form prescribed by the Risk Manager and shall include: (a) The name, address, and title or position of the public safety officer who was killed in the line of duty;(b) A copy of the form filed in accordance with subsection (4) of section 81-8,317, if any. If no such form has been filed, the claim shall include the name and address of the person or persons to whom compensation is payable under subdivision (3)(b) of section 81-8,317;(c) A sworn statement providing a full factual account of the circumstances resulting in or the course of events causing the death of the public safety officer; and(d) Such other information as the Risk Manager reasonably requires.(2) The Risk Manager shall send written notice to all claimants within two weeks after the initiation of a claim indicating whether or not the claim is complete. For purposes of this subsection, a claim is complete if a claimant has submitted to the Risk Manager all documents and information required under subsection (1) of this section. If a claim is incomplete, the Risk Manager shall include in the written notice a list of the documents or information which the claimant must submit in order for the claim to be complete. If a claim is complete, an investigation of the claim shall be made in the manner provided in the State Tort Claims Act in accordance with section 81-8,212. Upon completion of such investigation, and no later than one hundred eighty days after receipt of a complete claim, the State Claims Board shall approve or deny such claim and the Risk Manager shall send written notice to the claimant stating whether the claim has been approved or denied. If a claim is denied, the notice shall include the reason or reasons for the denial. If a claimant is dissatisfied with a denial, he or she may file an application for review with the district court for Lancaster County in accordance with sections 81-8,213 and 81-8,214. If a claim is approved, compensation shall be paid to the claimants entitled to such compensation in accordance with section 81-8,211.(3) This section shall apply to any claim arising on or after January 1, 2022.Neb. Rev. Stat. §§ 81-8,318
Laws 2021, LB 255, § 4; Laws 2024, LB 196, § 1.Amended by Laws 2024, LB 196,§ 1, eff. 4/16/2024.Added by Laws 2021, LB 255,§ 4, eff. 1/1/2022.