Frequently Asked Questions
The Connecticut Firefighters Cancer Relief Account, Generally
1. What is the Connecticut Firefighters Cancer Relief Account?
The Connecticut Firefighters Cancer Relief Account ("the Account") was first established in 2016, initially to provide wage replacement benefits to firefighters who are diagnosed with certain cancers as a result of their service as firefighters. Access to the Account was initially only for wage replacement, processed through the Firefighters Cancer Relief Subcommittee (the Subcommittee") of the Connecticut State Firefighters Association (C.G.S. Section 7-313j) ("the Subcommittee Program"). Additional information about that program is available here.
Eligibility for benefits from the Account was expanded in 2023 through new legislation (Public Act No. 23-204, Section 159, or C.G.S. Section 7-313p) with the development of the Municipal Reimbursement Program, which allows eligible firefighters to make claims to municipalities for compensation and benefits, including certain wage replacement, survivor benefits, and out-of-pocket medical costs associated with eligible cancer treatment, and for the municipalities to claim reimbursement from the Account ("the Municipal Reimbursement Program").
2. Who manages the money in the Account?
The Connecticut Office of the Treasurer manages and invests funds in the Account, which are invested in the Short-Term Investment Fund through the Interest Credit Program.
3. How is money put in the Account?
The Fund was initially funded through General Fund appropriations and, starting in December of 2024, each municipality in the state is required to contribute ten dollars each year per firefighter (when they meet certain criteria) within such municipality’s district (C.G.S. Section 7-313n).
4. Are compensation and benefits provided from the Account the same as those under the Connecticut Workers’ Compensation Act (Chapter 568)?
Compensation and benefits provided through the Account are not workers’ compensation benefits, and the eligibility requirements are not the same. For the Municipal Reimbursement Program, claims are, however, administered "in the same amount and in the same manner that would be provided under [the Connecticut Workers’ Compensation Act]". Benefits are not paid for through an employer’s workers’ compensation policy.
Firefighter Eligibility Requirements
1. What are the eligibility requirements for the Subcommittee Program (Sec. 7-313j)?
A Firefighter is eligible for wage replacement for up to 24 months if they that meet all of the following criteria:
- Diagnosed with a condition of cancer affecting the brain, skin, skeletal system, digestive system, endocrine system, respiratory system, lymphatic system, reproductive system, urinary system or hematological system that results in death, or temporary or permanent total or partial disability.
- Successfully passed a physical examination upon entry into such service, or subsequent to entry, as the case may be, that failed to reveal any evidence of such cancer.
- Submitted to annual physical examinations subsequent to entry into service that have failed to reveal any evidence of such cancer or a propensity for such cancer.
- Has not used any cigarettes or any other tobacco products within fifteen years of applying for wage replacement benefits under the Subcommittee Program.
- Worked for at least five years on or after February 1, 2017, as (A) an interior structural firefighter at a paid municipal, state or volunteer fire department, or (B) a local fire marshal, deputy fire marshal, fire investigator, fire inspector or such other class of inspector or investigator for whom the State Fire Marshal and the Codes and Standards Committee, acting jointly, have adopted minimum standards of qualification pursuant to section 29-298, at the time such cancer is discovered, or should have been discovered.
- Has complied with the federal Occupational Safety and Health Act standards adopted pursuant to 29 CFR 1910.134 and 29 CFR 1910.156 for a period of not less than five consecutive years.
- The cancer is one that is known to result from exposure to heat, radiation or a known carcinogen as determined by the International Agency for Research on Cancer or the National Toxicology Program of the United States Department of Health and Human Services.
- Is actively serving or not more than five years have passed from the date the individual last served as a firefighter.
- Submits to annual physical examinations, including blood testing, during his or her active service and for a period of five years after the date such individual last served as a firefighter as a condition of receiving such benefits.
2. What are the eligibility requirements for the Municipal Reimbursement Program (Sec. 3-313p)?
A Firefighter is eligible for compensation and benefits under the Municipal Reimbursement Program months if they that meet all of the following criteria:
- Diagnosed with any condition of cancer affecting the brain or the skeletal, digestive, endocrine, respiratory, lymphatic, reproductive, urinary, or hematological systems that results in death or temporary or permanent total or partial disability.
- Had a physical examination after entering the service that failed to reveal any evidence of or a propensity for the cancer.
- Has not used cigarettes during the 15 years before the diagnosis.
- Worked for at least five years as (a) an interior structural firefighter at a paid municipal, state, or volunteer fire department or (2) a local fire marshal, deputy fire marshal, fire investigator, fire inspector, or another class of inspectors or investigators for whom the state fire marshal and Codes and Standards Committee have jointly adopted minimum qualification standards.
- Submitted to annual medical health screenings as recommended by the firefighter’s medical provider.
3. Are volunteer firefighters eligible?
Yes, Public Act 23-204, Section 159 applies to eligible interior structural firefighters, and uses the definition for "firefighter" in Conn. Gen. Stat. Section 7-313g, which includes "any (1) local fire marshal, deputy fire marshal, fire investigator, fire inspector and such other classes of inspectors and investigators for whom the State Fire Marshal and the Codes and Standards Committee, acting jointly, have adopted minimum standards of qualification pursuant to section 29-298; and (2) uniformed member of a paid municipal, state or volunteer fire department."
4. When may a firefighter file a claim?
Under both Programs, an eligible firefighter may file a claim at any time after they are diagnosed with the relevant cancer and such cancer results in at least temporary disability.
5. Are firefighters employed by the State entitled to pursue a claim for compensation and benefits, that would be reimbursed to the employer under the Municipal Reimbursement Program?
Yes, contingent upon the firefighter meeting all eligibility requirements. The law defines “firefighter” as including any "uniformed member of a paid municipal, state or volunteer fire department."
The Municipal Reimbursement Program Process
1. How is a municipal reimbursement claim started?
An eligible firefighter must provide formal notice to the Workers’ Compensation Commission and the municipality, in the same manner as workers’ compensation claims under the Workers’ Compensation Act.
2. How is a claim administered under the Municipal Reimbursement Program?
The municipality where the firefighter is employed shall administer claims and make payments in the same manner as workers’ compensation claims under Chapter 568 of the Connecticut General Statutes.
3. What does a municipality need to do to submit a claim?
Guidance and instructions for municipalities are available here. Generally, municipalities must determine if a firefighter is eligible, pay compensation and benefits to eligible firefighters with cancer who meet certain statutory criteria "in the same amount and in the same manner that would be provided under [the Connecticut Workers’ Compensation Act]" and then seek reimbursement from the Office of the Treasurer. Each itemized expense for reimbursement must have been determined by the municipality to be compensable under Public Act 23-204, Section 159 (Section 7-313p) and, as applicable, consistent with the chapter 568 including the definition of "compensation" as provided in C.G.S. section 31-275.
4. Are municipalities required to submit documents to support a reimbursement request?
The municipality must submit the Form 1A reimbursement Form and have submitted a Form 1 Eligibility Form for each firefighter for who reimbursement is requested. The municipality is not required to submit supporting documentation with the forms, but must collect and retain all related documentation, which may be subject to audit as described in FAQ # 13.
5. What are some examples of documents that a municipality should collect and retain to establish a firefighter’s eligibility?
For initial eligibility, documentation that a municipality collects and retains may include, by way of example only:
- a ‘Finding and Award’ or other official finding by an administrative law judge; or
- a doctor’s note that enumerates each statutory medical requirement for eligibility and confirms the claimant meets each statutory requirement, such as the cancer diagnosis that has resulted in disability or death, and that the doctor does not have a record of the claimant having a history of smoking in the 15 years to prior diagnosis, accompanied by an affidavit from the claimant attesting under oath that they have not smoked in the 15 years prior to the diagnosis, and any required records establishing the necessary employment record.
6. What are some examples of documents that a municipality should collect and retain to establish payment is proper for reimbursement?
For specific payments, documentation that a municipality collects and may include, by way of example only:
- a receipt for medical treatment deemed reasonable or necessary and related to the compensable cancer,
- confirmation that the individual was partially disabled and out of work for a certain period of time to support wage replacement,
- wage statements for the 52 weeks prior to incapacity and Form 1A or similar summaries showing filing status and concurrent employment, and/or
- mileage proof.
7. Can a firefighter file a claim for reimbursement directly to the Account?
No. For the Subcommittee Program, the firefighter must request approval for wage replacement through the Subcommittee. For the Municipal Reimbursement Program, a firefighter must submit the claim to the municipality and the Workers’ Compensation Commission. Only municipalities may submit claims to the Account. Please find additional information here.
8. Can a firefighter still file a workers’ compensation claim if they receive benefits from the Account?
Under the Subcommittee Program, a firefighter may not receive workers’ compensation benefits concurrently with the wage replacement. Under the Municipal Reimbursement Program, a firefighter is prohibited from filing a workers’ compensation claim under chapter 568, unless the Account has become insolvent. If the account becomes insolvent, a firefighter may pursue a workers’ compensation claim.
9. How does a municipality determine the average weekly wage of a volunteer firefighter?
The average weekly wage of a volunteer firefighter is the "average production wage" in the state as determined under C.G.S. Sec. 31-309.
10. Is the Municipal Reimbursement Program applicable to employers with insurance and those that are self-insured?
Yes, there is no distinction made in the statute between these two methods of insurance.
11. What medical costs are covered under the Municipal Reimbursement Program?
Reimbursement is for medical costs not covered by the firefighter’s personal or group health benefits.
12. Can a municipality submit a request for reimbursement for costs that are made voluntarily or "without prejudice" to a firefighter?
No. Reimbursement requests for any costs that the municipality makes voluntarily and/or without prejudice to a firefighter under a preliminary denial of the claim or where the municipality is still collecting supporting documentation should not be submitted for reimbursement until the claim has been accepted and such costs determined to be compensable.
13. Could a request for municipal reimbursement be audited?
Yes, requests may be audited. The Office of the Treasurer is authorized in Public Act 23-204 (Section 7-313p) to audit reimbursements provided by the Firefighters Cancer Relief Account. No claim for reimbursement should be submitted until the municipality has secured the proper documentation supporting that the individual firefighter satisfies all of the above eligibility requirements and the municipality has confirmed the compensability of the specific costs for compensation and/or benefits consistent with Public Act 23-204 (Section 7-313p) and, as applicable, the related requirements under chapter 568 (for example, under the definition of "compensation" payments related to medical services should be recommended by a medical provider as "reasonable or necessary" pursuant to Section 31-294d).
14. What standards will the Office of the Treasurer use for auditing reimbursement requests?
The OTT does not interpret the statute to anticipate OTT auditing the merits of a claim after the municipality has already determined in good faith that the claimant meets the statutory requirements based upon its review of the evidence supporting eligibility in the documents it has collected and retained. Rather, OTT may confirm that the municipality has reasonably and in good faith confirmed eligibility, and that the municipality collected and retained documentation that supports that both the claimant and the payments meet the statutory requirements. As long as the municipality secures documentation for the relevant prong of eligibility, OTT does not anticipate making its own determination on the credibility of that evidence.
15. How does a firefighter employed by the State file a claim for compensation and benefits with the firefighter’s employer under the Municipal Reimbursement Program?
For eligible state employees, claims should be filed with the employing agency (and, consistent with the statute, notice provided to the Workers' Compensation in the same manner as workers' compensation claims.) For purposes of claims under this program, the state agency acts as the "municipality."
Municipal Remittances to the Account Due Annually by December 15
1. The Municipality has questions about the "Municipal Contribution Form" related to the firefighter criteria, and who certifies the criteria. Our Fire Department is private and the municipality does not have adequate information to certify the criteria. Will the Treasurer accept the contribution without a municipal certification signature?
The OTT requests a municipal contact person and signature with the municipal contribution form. If, for any reason, your municipality cannot certify as described on the form due to your town’s particular circumstances, please so indicate in the accompanying email, or indicate so in writing on the form, if preferred. Please state the reason - for example, if the municipal official is relying on another entity and does not have first-hand knowledge of the firefighter count.
This FAQ is for informational purposes only. If a statutory provision is summarized for your convenience, the language in the law is controlling. Updates to the FAQ will be made periodically if new questions or need for revisions arise.
Updated November 13, 2024