Sec. 3. Definitions for the purposes of the Public Safety Officers' Death Benefits Program
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Section 1204 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10284 ) is amended— by striking paragraph
(1)and inserting the following: catastrophic injury means an injury, the direct and proximate consequences of which— permanently prevent an individual from performing any gainful work; or cause an individual to become— paraplegic; quadriplegic; or blind; ; in paragraph (3), in the matter preceding subparagraph (A), by striking at the time of the public safety officer's fatal or catastrophic injury and inserting as of the date of the public safety officer’s death from a fatal injury or the date of determination of the public safety officer's disability from a catastrophic injury ; in paragraph (4), by inserting , including an individual who, in the capacity of the individual as such a member, engages in scene security or traffic management as the primary or only duty of the individual during emergency response before the semicolon; by redesignating paragraphs
(5)through
(9)as paragraphs
(6)through (10), respectively; and by inserting after paragraph
(4)the following: gainful work — means any activity usually performed for pay or profit, regardless of whether a profit is realized; and does not include work performed in a situation in which, after an individual sustains an injury— the individual— re-enters the workforce; and leaves the workforce after less than 90 days because of the inability of the individual to overcome the injury; because of the injury— the individual is permitted, in carrying out work, to— perform at a lower standard of productivity or efficiency than other similarly situated employees; work irregular hours; or take frequent rest periods; or the individual is only able to work within a framework of specially arranged circumstances, such as a circumstance in which 1 or more other individuals are required to assist the individual in preparing for work or traveling to and from work; the individual practices a hobby usually performed for pay or profit, regardless of whether a profit is realized; and the primary intent of the individual in practicing the hobby described in subclause (I)— is physical, mental, or emotional rehabilitation of the individual from the injury; and is not realization of profit; or the individual is given the opportunity to work— despite the injury of the individual; and on the basis of— a family relationship of the individual; a past association of the individual with the employer giving the individual the opportunity to work; or any other altruistic reason; .
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Sec. 3
Definitions for the purposes of the Public Safety Officers' Death Benefits Program
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