§ 10282. Limitations on benefits

• (a) No benefit shall be paid under this subchapter—
  • (1) if the fatal or catastrophic injury was caused by the intentional misconduct of the public safety officer or by such officer’s intention to bring about his death, disability, or injury;
  • (2) if the public safety officer was voluntarily intoxicated at the time of his fatal or catastrophic injury;
  • (3) if the public safety officer was performing his duties in a grossly negligent manner at the time of his fatal or catastrophic injury;
  • (4) to any individual who would otherwise be entitled to a benefit under this subchapter if such individual’s actions were a substantial contributing factor to the fatal or catastrophic injury of the public safety officer; or
  • (5) with respect to any individual employed in a capacity other than a civilian capacity.
• (b) In determining whether a benefit is payable under this subchapter, the Bureau—
  • (1) shall presume that none of the limitations described in subsection (a) apply; and
  • (2) shall not determine that a limitation described in subsection (a) applies, absent clear and convincing evidence.