Exceptions
Paragraph (1) shall not apply with respect to the death of any public safety officer if, as determined in accordance with the provisions of the Omnibus Crime Control and Safe Streets Act of 1968—
(A)#
the death was caused by the intentional misconduct of the officer or by such officer’s intention to bring about such officer’s death;
(B)#
the officer was voluntarily intoxicated (as defined in section 1204 of such Act) at the time of death;
(C)#
the officer was performing such officer’s duties in a grossly negligent manner at the time of death; or
(D)#
the payment is to an individual whose actions were a substantial contributing factor to the death of the officer.