Bill Text: NY A00107 | 2009-2010 | General Assembly | Introduced
Bill Title: Provides eligibility for benefits for injuries sustained while performing the high risk duties of law enforcement.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced - Dead) 2011-01-05 - referred to governmental employees [A00107 Detail]
Download: New_York-2009-A00107-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 107 2011-2012 Regular Sessions I N A S S E M B L Y (PREFILED) January 5, 2011 ___________ Introduced by M. of A. CAHILL, HOYT -- Multi-Sponsored by -- M. of A. LIFTON -- read once and referred to the Committee on Governmental Employees AN ACT to amend the general municipal law, in relation to eligibility for disability benefits for injuries sustained while performing the high risk duties of law enforcement THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Section 207-c of the general municipal law, as added by 2 chapter 920 of the laws of 1961, subdivision 1 as amended by section 3 3 of chapter 675 of the laws of 1997, subdivisions 2, 3 and 5 as amended 4 by chapter 661 of the laws of 1984, is amended to read as follows: 5 S 207-c. Payment of salary, wages, medical and hospital expenses of 6 policemen with injuries or illness incurred in the performance of 7 duties ENTAILING THE HEIGHTENED RISK OF LAW ENFORCEMENT. 8 1. Any sheriff, undersheriff, deputy sheriff or corrections officer of 9 the sheriff's department of any county (hereinafter referred to as a 10 ["policeman"] "POLICE OFFICER") or any member of a police force of any 11 county, city of less than one million population, town or village, or of 12 any district, agency, board, body or commission thereof, or a detec- 13 tive-investigator or any other investigator who is a police officer 14 pursuant to the provisions of the criminal procedure law employed in the 15 office of a district attorney of any county, or any corrections officer 16 of the county of Erie department of corrections, or an advanced ambu- 17 lance medical technician employed by the county of Nassau, or any super- 18 vising fire inspector, fire inspector, fire marshal or assistant fire 19 marshal employed full-time in the county of Nassau fire marshal's 20 office, or at the option of the county of Nassau, any probation officer 21 of the county of Nassau who is injured in the performance of his OR HER 22 duties ENTAILING THE HEIGHTENED RISK OF LAW ENFORCEMENT or who is taken 23 sick as a result of the performance of his OR HER duties ENTAILING THE 24 HEIGHTENED RISK OF LAW ENFORCEMENT so as to necessitate medical or other 25 lawful remedial treatment shall be paid by the municipality by which he EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01094-01-1 A. 107 2 1 OR SHE is employed the full amount of his OR HER regular salary or wages 2 until his OR HER disability arising therefrom has ceased, and, in addi- 3 tion such municipality shall be liable for all medical treatment and 4 hospital care necessitated by reason of such injury or illness. 5 Provided, however, and notwithstanding the foregoing provisions of this 6 section, the municipal health authorities or any physician appointed for 7 the purpose by the municipality, after a determination has first been 8 made that such injury or sickness was incurred during, or resulted from, 9 such performance of duty ENTAILING THE HEIGHTENED RISK OF LAW ENFORCE- 10 MENT, may attend any such injured or sick [policeman] POLICE OFFICER, 11 from time to time, for the purpose of providing medical, surgical or 12 other treatment, or for making inspections and the municipality shall 13 not be liable for salary or wages payable to such [policeman] POLICE 14 OFFICER, or for the cost of medical treatment or hospital care furnished 15 after such date as such health authorities or physician shall certify 16 that such injured or sick [policeman] POLICE OFFICER has recovered and 17 is physically able to perform his OR HER regular duties. Any injured or 18 sick [policeman] POLICE OFFICER who shall refuse to accept medical 19 treatment or hospital care or shall refuse to permit medical inspections 20 as herein authorized, including examinations pursuant to subdivision two 21 of this section, shall be deemed to have waived his OR HER rights under 22 this section in respect to expenses for medical treatment or hospital 23 care rendered and for salary or wages payable after such refusal. 24 Notwithstanding any provision of law to the contrary, a provider of 25 medical treatment or hospital care furnished pursuant to the provisions 26 of this section shall not collect or attempt to collect reimbursement 27 for such treatment or care from any such [policeman] POLICE OFFICER, a 28 member of a police force of any county, city, any such advanced ambu- 29 lance medical technician or any such detective-investigator or any other 30 such investigator who is a police officer pursuant to the provisions of 31 the criminal procedure law. 32 2. Payment of the full amount of regular salary or wages, as provided 33 by subdivision one of this section, shall be discontinued with respect 34 to any [policeman] POLICE OFFICER who is permanently disabled as a 35 result of an injury or sickness incurred or resulting from the perform- 36 ance of his OR HER duties ENTAILING THE HEIGHTENED RISK OF LAW ENFORCE- 37 MENT if such [policeman] POLICE OFFICER is granted an accidental disa- 38 bility retirement allowance pursuant to section three hundred 39 sixty-three of the retirement and social security law, a retirement for 40 disability incurred in performance of duty allowance pursuant to section 41 three hundred sixty-three-c of the retirement and social security law or 42 similar accidental disability pension provided by the pension fund of 43 which he OR SHE is a member. If application for such retirement allow- 44 ance or pension is not made by such [policeman] POLICE OFFICER, applica- 45 tion therefor may be made by the head of the police force or as other- 46 wise provided by the chief executive officer or local legislative body 47 of the municipality by which such [policeman] POLICE OFFICER is 48 employed. 49 3. If such a [policeman] POLICE OFFICER is not eligible for or is not 50 granted such accidental disability retirement allowance or retirement 51 for disability incurred in performance of duty allowance or similar 52 accidental disability pension and is nevertheless, in the opinion of 53 such health authorities or physician, unable to perform his OR HER regu- 54 lar duties as a result of such injury or sickness but is able, in their 55 opinion, to perform specified types of light police duty, payment of the 56 full amount of regular salary or wages, as provided by subdivision one A. 107 3 1 of this section, shall be discontinued with respect to such [policeman] 2 POLICE OFFICER if he OR SHE shall refuse to perform such light police 3 duty if the same is available and offered to him OR HER, provided, 4 however, that such light duty shall be consistent with his OR HER status 5 as a [policeman] POLICE OFFICER and shall enable him OR HER to continue 6 to be entitled to his OR HER regular salary or wages, including 7 increases thereof and fringe benefits, to which he OR SHE would have 8 been entitled if he OR SHE were able to perform his OR HER regular 9 duties. 10 4. The appropriate municipal officials may transfer such a [policeman] 11 POLICE OFFICER to a position in another agency or department where they 12 are able to do so pursuant to applicable civil service requirements and 13 provided the [policeman] POLICE OFFICER shall consent thereto. 14 5. If such a [policeman] POLICE OFFICER is not eligible for or is not 15 granted an accidental disability retirement allowance or retirement for 16 disability incurred in performance of duty allowance or similar acci- 17 dental disability pension, he OR SHE shall not be entitled to further 18 payment of the full amount of regular salary or wages, as provided by 19 subdivision one of this section, after he OR SHE shall have attained the 20 mandatory service retirement age applicable to him OR HER or shall have 21 attained the age or performed the period of service specified by appli- 22 cable law for the termination of his OR HER service. Where such a 23 [policeman] POLICE OFFICER is transferred to another position pursuant 24 to subdivision four of this section or retires or is retired under any 25 procedure applicable to him OR HER, including but not limited to circum- 26 stances described in subdivision two of this section or in this subdivi- 27 sion, he OR SHE shall thereafter, in addition to any retirement allow- 28 ance or pension to which he OR SHE is then entitled, continue to be 29 entitled to medical treatment and hospital care necessitated by reason 30 of such injury or illness. 31 6. Notwithstanding any provision of law contrary thereto contained 32 herein or elsewhere, a cause of action shall accrue to the municipality 33 for reimbursement in such sum or sums actually paid as salary or wages 34 and or for medical treatment and hospital care as against any third 35 party against whom the [policeman] POLICE OFFICER shall have a cause of 36 action for the injury sustained or sickness caused by such third party. 37 S 2. Subdivisions 1, 4 and 6 of section 207-c of the general municipal 38 law, subdivision 1 as amended by section 4 of chapter 675 of the laws of 39 1997, subdivisions 4 and 6 as amended by chapter 628 of the laws of 40 1991, are amended to read as follows: 41 1. Any sheriff, undersheriff, deputy sheriff or corrections officer of 42 the sheriff's department of any county or any member of a police force 43 of any county, city of less than one million population, town or 44 village, or of any district, agency, board, body or commission thereof, 45 or any LIRR police officer as defined in paragraph two of subdivision a 46 of section three hundred eighty-nine of the retirement and social secu- 47 rity law whose benefits are provided in and pursuant to such section 48 three hundred eighty-nine, or a detective-investigator or any other 49 investigator who is a police officer pursuant to the provisions of the 50 criminal procedure law employed in the office of a district attorney of 51 any county, or any corrections officer of the county of Erie department 52 of corrections, or an advanced ambulance medical technician employed by 53 the county of Nassau, or any supervising fire inspector, fire inspector, 54 fire marshal, or assistant fire marshal employed full-time in the county 55 of Nassau fire marshal's office, or at the option of the county of 56 Nassau, any probation officer of the county of Nassau who is injured in A. 107 4 1 the performance of his OR HER duties ENTAILING THE HEIGHTENED RISK OF 2 LAW ENFORCEMENT or who is taken sick as a result of the performance of 3 his OR HER duties ENTAILING THE HEIGHTENED RISK OF LAW ENFORCEMENT so as 4 to necessitate medical or other lawful remedial treatment shall be paid 5 by the municipality or The Long Island Rail Road Company by which he OR 6 SHE is employed the full amount of his OR HER regular salary or wages 7 from such employer until his OR HER disability arising therefrom has 8 ceased, and, in addition such municipality or The Long Island Rail Road 9 Company shall be liable for all medical treatment and hospital care 10 necessitated by reason of such injury or illness. 11 Provided, however, and notwithstanding the foregoing provisions of 12 this section, the municipal or The Long Island Rail Road Company health 13 authorities or any physician appointed for the purpose by the munici- 14 pality or The Long Island Rail Road Company, as relevant, after a deter- 15 mination has first been made that such injury or sickness was incurred 16 during, or resulted from, such performance of duty ENTAILING THE HEIGHT- 17 ENED RISK OF LAW ENFORCEMENT, may attend any such injured or sick 18 [policeman] POLICE OFFICER, from time to time, for the purpose of 19 providing medical, surgical or other treatment, or for making 20 inspections, and the municipality or The Long Island Rail Road Company, 21 as the case may be, shall not be liable for salary or wages payable to 22 such [policeman] POLICE OFFICER, or for the cost of medical treatment or 23 hospital care furnished after such date as such health authorities or 24 physician shall certify that such injured or sick [policeman] POLICE 25 OFFICER has recovered and is physically able to perform his OR HER regu- 26 lar duties. Any injured or sick [policeman] POLICE OFFICER who shall 27 refuse to accept medical treatment or hospital care or shall refuse to 28 permit medical inspections as herein authorized, including examinations 29 pursuant to subdivision two of this section, shall be deemed to have 30 waived his OR HER rights under this section in respect to expenses for 31 medical treatment or hospital care rendered and for salary or wages 32 payable after such refusal. 33 Notwithstanding any provision of law to the contrary, a provider of 34 medical treatment or hospital care furnished pursuant to the provisions 35 of this section shall not collect or attempt to collect reimbursement 36 for such treatment or care from any such [policeman] POLICE OFFICER or 37 any such advanced ambulance medical technician. 38 4. The appropriate municipal or The Long Island Rail Road Company 39 officials may transfer a [policeman] POLICE OFFICER to a position in 40 another agency or department where they are able to do so pursuant to 41 applicable civil service or The Long Island Rail Road Company require- 42 ments and provided the [policeman] POLICE OFFICER shall consent thereto. 43 6. Notwithstanding any provision of law contrary thereto contained 44 herein or elsewhere, a cause of action shall accrue to the municipality 45 or The Long Island Rail Road Company for reimbursement in such sum or 46 sums actually paid as salary or wages and or for medical treatment and 47 hospital care as against any third party against whom the [policeman] 48 POLICE OFFICER shall have a cause of action for the injury sustained or 49 sickness caused by such third party. 50 S 3. This act shall take effect immediately, provided that the amend- 51 ments to section 207-c of the general municipal law made by section one 52 of this act shall be subject to the expiration and reversion of subdivi- 53 sions 1, 4, and 6 of such section pursuant to section 7 of chapter 628 54 of the laws of 1991, as amended, when upon such date the provisions of 55 section two of this act shall take effect.