1. (a) A permanent firefighter or permanent police officer shall be entitled to accidental disability retirement benefits if the member is found to be totally and permanently incapacitated from the performance of duty.

2. (b) A permanent firefighter’s or permanent police officer’s beneficiary shall be entitled to accidental disability retirement benefits if that permanent firefighter or permanent police officer died in the line of duty while providing fire or police protection at private affairs or functions provided that:

   1. (1) The member was assigned to such duty by the department head or a superior officer;
   2. (2) A record of such authorization is on file at the member’s place of employment; and
   3. (3) Both the member and appointing authority remit retirement contributions on the paid overtime compensation.
3. (c) If the firefighter or police officer is a member of NHRS, the member and employer shall both pay assessments to the NHRS based upon the annual salary of such permanent firefighter or permanent police officer. In these instances, overtime pay shall be considered as a part of the annual salary and assessments should then be made against overtime payments paid to the member. In no instance shall a permanent firefighter or police officer be covered for duty at a private affair or function unless in all cases the appointing authority and the member made contributions for all overtime payments received by the individual.

Source. #1953, eff 2-9-82 (rule Ret 312.1); ss by #2740, eff 6-11-84; ss by #2980, eff 2-21-85, EXPIRED 2-21-91 New. #5225, eff 9-18-91, EXPIRED: 9-18-97 New. #7375, INTERIM, eff 10-13-00, EXPIRES: 4-11-01; ss by #7478, eff 4-10-01; ss by #7573, eff 10-10-01, EXPIRED: 10-10-09 New. #9562, eff 10-14-09, EXPIRED: 10-14-17 New. #12511, INTERIM, eff 4-11-18, EXPIRED: 10-8-18 New. #12707, eff 1-9-19