|
REFERENCE TITLE: police officer; duty related injury |
|
State of Arizona House of Representatives Fiftieth Legislature Second Regular Session 2012
|
|
HB 2643 |
|
|
|
Introduced by Representative Kavanagh
|
AN ACT
amending title 38, chapter 8, article 1, Arizona Revised Statutes, by adding section 38‑1109; providing for the delayed repeal of section 38‑1109, Arizona Revised Statutes; relating to law enforcement officers.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 38, chapter 8, article 1, Arizona Revised Statutes, is amended by adding section 38-1109, to read:
38-1109. Law enforcement officer; duty related injury; supplemental benefits plan; definition
A. This state or a political subdivision of this state that employs a law enforcement officer on a full‑time basis shall establish a supplemental benefits plan for an officer who is injured while on duty to the extent that the officer cannot perform the functions of the position. To become eligible for the supplemental benefits plan, the law enforcement officer must be receiving workers' compensation benefits pursuant to title 23, chapter 6. This state or a political subdivision of this state shall design the supplemental benefits plan so that with the addition of other benefits being paid to the officer the officer will receive approximately the identical base salary and health care benefits that were being paid to the officer on the date of the officer's injury.
B. A law enforcement officer who is eligible for the supplemental benefits plan as prescribed in subsection a of this section shall apply for benefits to this state or a political subdivision of this state. This state or a political subdivision of this state, on an individual basis, shall determine if the officer is entitled to benefits in the plan. This state or a political subdivision of this state may establish injury standards for eligibility into the plan that may include the exclusion of an officer whose injury is a result of gross negligence.
C. A law enforcement officer who is accepted into the plan shall comply with all risk management requirements, including evaluation for light duty options and rehabilitation programs. If an officer fails to comply with risk management decisions, the officer's participation in the supplemental benefits plan will be terminated. The law enforcement officer who is accepted into the plan is responsible for the officer's portion of the health care benefit costs the officer was paying on the date of the injury. The officer is responsible for any elected health care plan deductions, any other health related optional deductions or optional life insurance deductions.
D. If the law enforcement officer is accepted into the supplemental benefits plan, the officer shall not accrue any additional sick or annual leave and any sick or annual leave amount on the law enforcement officer's account shall not be decreased while the officer is participating in the plan.
E. A law enforcement officer who is accepted into the supplemental benefits plan is not precluded from disciplinary action, including termination of employment, pursuant to this article or any agreements that supplant, revise or otherwise alter the provisions of this section, including preexisting agreements between the employer and the law enforcement officer's lawful representative association.
F. This section shall not supersede any plan or policy that provides a greater benefit being offered by a political subdivision to a law enforcement officer who is injured while on duty. A political subdivision of this state shall offer the supplemental benefits plan for an initial six month period. The political subdivision may determine if the plan shall be extended, on an individual basis, an additional six months, for a maximum of one year.
G. For the purposes of this section, "law enforcement officer" means:
1. An individual who is certified by the Arizona peace officer standards and training board, other than a person employed by a multi-county water conservation district.
2. A detention officer or correction officer who is employed by this state or a political subdivision of this state.
3. A probation officer or surveillance officer who is employed by this state or a political subdivision of this state.
Sec. 2. Delayed repeal
Section 38-1109, Arizona Revised Statutes, as added by this act, is repealed from and after September 30, 2014.