Bill Text: NY S06289 | 2011-2012 | General Assembly | Introduced
Bill Title: Provides that peace officers employed by the department of corrections and community supervision who suffer an employment related illness shall receive their salary and medical expenses until disability has ceased; makes related provisions including provision for monitoring by state health authorities and for transfer of such peace officer to duties he or she can perform with consent.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2012-01-20 - REFERRED TO FINANCE [S06289 Detail]
Download: New_York-2011-S06289-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
6289
I N S E N A T E
January 20, 2012
___________
Introduced by Sen. ROBACH -- read twice and ordered printed, and when
printed to be committed to the Committee on Finance
AN ACT to amend the state finance law, in relation to compensation and
medical expenses of certain injured state employees
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. The state finance law is amended by adding a new section
2 209-c to read as follows:
3 S 209-C. PAYMENT OF SALARY, WAGES, MEDICAL AND HOSPITAL EXPENSES OF
4 PAROLE OFFICERS, PAROLE REVOCATION SPECIALISTS OR WARRANT OFFICERS IN
5 THE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION WITH INJURIES OR
6 ILLNESS INCURRED IN THE PERFORMANCE OF DUTIES. 1. ANY PAROLE OFFICER,
7 PAROLE REVOCATION SPECIALIST OR WARRANT OFFICER IN THE DEPARTMENT OF
8 CORRECTIONS AND COMMUNITY SUPERVISION (HEREINAFTER REFERRED TO AS A
9 "PEACE OFFICER") WHO IS INJURED IN THE PERFORMANCE OF HIS OR HER DUTIES
10 OR WHO IS TAKEN SICK AS A RESULT OF THE PERFORMANCE OF HIS OR HER DUTIES
11 SO AS TO NECESSITATE MEDICAL OR OTHER LAWFUL REMEDIAL TREATMENT SHALL BE
12 PAID BY THE STATE THE FULL AMOUNT OF HIS OR HER REGULAR SALARY OR WAGES
13 UNTIL HIS OR HER DISABILITY ARISING THEREFROM HAS CEASED, AND, IN ADDI-
14 TION THE STATE SHALL BE LIABLE FOR ALL MEDICAL TREATMENT AND HOSPITAL
15 CARE NECESSITATED BY REASON OF SUCH INJURY OR ILLNESS. PROVIDED, HOWEV-
16 ER, AND NOTWITHSTANDING THE FOREGOING PROVISIONS OF THIS SECTION, THE
17 STATE HEALTH AUTHORITIES OR ANY PHYSICIAN APPOINTED FOR THE PURPOSE BY
18 THE STATE, AFTER A DETERMINATION HAS FIRST BEEN MADE THAT SUCH INJURY OR
19 SICKNESS WAS INCURRED DURING, OR RESULTED FROM, SUCH PERFORMANCE OF
20 DUTY, MAY ATTEND ANY SUCH INJURED OR SICK PEACE OFFICER, FROM TIME TO
21 TIME, FOR THE PURPOSE OF PROVIDING MEDICAL, SURGICAL OR OTHER TREATMENT,
22 OR FOR MAKING INSPECTIONS AND THE STATE SHALL NOT BE LIABLE FOR SALARY
23 OR WAGES PAYABLE TO SUCH PEACE OFFICER, OR FOR THE COST OF MEDICAL
24 TREATMENT OR HOSPITAL CARE FURNISHED AFTER SUCH DATE AS SUCH HEALTH
25 AUTHORITIES OR PHYSICIAN SHALL CERTIFY THAT SUCH INJURED OR SICK PEACE
26 OFFICER HAS RECOVERED AND IS PHYSICALLY ABLE TO PERFORM HIS OR HER REGU-
27 LAR DUTIES. ANY INJURED OR SICK PEACE OFFICER WHO SHALL REFUSE TO ACCEPT
28 MEDICAL TREATMENT OR HOSPITAL CARE OR SHALL REFUSE TO PERMIT MEDICAL
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01571-03-2
S. 6289 2
1 INSPECTIONS AS HEREIN AUTHORIZED, INCLUDING EXAMINATIONS PURSUANT TO
2 SUBDIVISION TWO OF THIS SECTION, SHALL BE DEEMED TO HAVE WAIVED HIS OR
3 HER RIGHTS UNDER THIS SECTION IN RESPECT TO EXPENSES FOR MEDICAL TREAT-
4 MENT OR HOSPITAL CARE RENDERED AND FOR SALARY OR WAGES PAYABLE AFTER
5 SUCH REFUSAL.
6 NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, A PROVIDER OF
7 MEDICAL TREATMENT OR HOSPITAL CARE FURNISHED PURSUANT TO THE PROVISIONS
8 OF THIS SECTION SHALL NOT COLLECT OR ATTEMPT TO COLLECT REIMBURSEMENT
9 FOR SUCH TREATMENT OR CARE FROM ANY SUCH PEACE OFFICER.
10 2. PAYMENT OF THE FULL AMOUNT OF REGULAR SALARY OR WAGES, AS PROVIDED
11 BY SUBDIVISION ONE OF THIS SECTION, SHALL BE DISCONTINUED WITH RESPECT
12 TO ANY PEACE OFFICER WHO IS PERMANENTLY DISABLED AS A RESULT OF AN INJU-
13 RY OR SICKNESS INCURRED OR RESULTING FROM THE PERFORMANCE OF HIS OR HER
14 DUTIES IF SUCH PEACE OFFICER IS GRANTED AN ACCIDENTAL DISABILITY RETIRE-
15 MENT ALLOWANCE PURSUANT TO SECTION SIXTY-THREE OF THE RETIREMENT AND
16 SOCIAL SECURITY LAW, A RETIREMENT FOR DISABILITY INCURRED IN PERFORMANCE
17 OF DUTY ALLOWANCE OR SIMILAR ACCIDENTAL DISABILITY PENSION PROVIDED BY
18 THE PENSION FUND OF WHICH HE OR SHE IS A MEMBER. IF APPLICATION FOR SUCH
19 RETIREMENT ALLOWANCE OR PENSION IS NOT MADE BY SUCH PEACE OFFICER,
20 APPLICATION THEREFOR MAY BE MADE BY THE COMMISSIONER OF THE DEPARTMENT
21 OF CORRECTIONS AND COMMUNITY SUPERVISION.
22 3. IF SUCH A PEACE OFFICER IS NOT ELIGIBLE FOR OR IS NOT GRANTED SUCH
23 ACCIDENTAL DISABILITY RETIREMENT ALLOWANCE OR RETIREMENT FOR DISABILITY
24 INCURRED IN PERFORMANCE OF DUTY ALLOWANCE OR SIMILAR ACCIDENTAL DISABIL-
25 ITY PENSION AND IS NEVERTHELESS, IN THE OPINION OF SUCH HEALTH AUTHORI-
26 TIES OR PHYSICIAN, UNABLE TO PERFORM HIS OR HER REGULAR DUTIES AS A
27 RESULT OF SUCH INJURY OR SICKNESS BUT IS ABLE, IN THEIR OPINION, TO
28 PERFORM SPECIFIED TYPES OF LIGHT PEACE OFFICER DUTY, PAYMENT OF THE FULL
29 AMOUNT OF REGULAR SALARY OR WAGES, AS PROVIDED BY SUBDIVISION ONE OF
30 THIS SECTION, SHALL BE DISCONTINUED WITH RESPECT TO SUCH PEACE OFFICER
31 IF HE OR SHE SHALL REFUSE TO PERFORM SUCH LIGHT PEACE OFFICER DUTY IF
32 THE SAME IS AVAILABLE AND OFFERED TO HIM OR HER; PROVIDED, HOWEVER, THAT
33 SUCH LIGHT DUTY SHALL BE CONSISTENT WITH HIS OR HER STATUS AS A PEACE
34 OFFICER AND SHALL ENABLE HIM OR HER TO CONTINUE TO BE ENTITLED TO HIS OR
35 HER REGULAR SALARY OR WAGES, INCLUDING INCREASES THEREOF AND FRINGE
36 BENEFITS, TO WHICH HE OR SHE WOULD HAVE BEEN ENTITLED IF HE OR SHE WERE
37 ABLE TO PERFORM HIS OR HER REGULAR DUTIES.
38 4. THE APPROPRIATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION
39 OFFICIALS MAY TRANSFER SUCH A PEACE OFFICER TO A POSITION IN ANOTHER
40 UNIT OR OFFICE WITHIN THE DEPARTMENT WHERE THEY ARE ABLE TO DO SO PURSU-
41 ANT TO APPLICABLE CIVIL SERVICE REQUIREMENTS AND PROVIDED THE PEACE
42 OFFICER SHALL CONSENT THERETO.
43 5. IF SUCH A PEACE OFFICER IS NOT ELIGIBLE FOR OR IS NOT GRANTED AN
44 ACCIDENTAL DISABILITY RETIREMENT ALLOWANCE OR RETIREMENT FOR DISABILITY
45 INCURRED IN PERFORMANCE OF DUTY ALLOWANCE OR SIMILAR ACCIDENTAL DISABIL-
46 ITY PENSION, HE OR SHE SHALL NOT BE ENTITLED TO FURTHER PAYMENT OF THE
47 FULL AMOUNT OF REGULAR SALARY OR WAGES, AS PROVIDED BY SUBDIVISION ONE
48 OF THIS SECTION, AFTER HE OR SHE SHALL HAVE ATTAINED THE MANDATORY
49 SERVICE RETIREMENT AGE APPLICABLE TO HIM OR HER OR SHALL HAVE ATTAINED
50 THE AGE OR PERFORMED THE PERIOD OF SERVICE SPECIFIED BY APPLICABLE LAW
51 FOR THE TERMINATION OF HIS OR HER SERVICE. WHERE SUCH A PEACE OFFICER IS
52 TRANSFERRED TO ANOTHER POSITION PURSUANT TO SUBDIVISION FOUR OF THIS
53 SECTION OR RETIRES OR IS RETIRED UNDER ANY PROCEDURE APPLICABLE TO HIM
54 OR HER, INCLUDING BUT NOT LIMITED TO CIRCUMSTANCES DESCRIBED IN SUBDIVI-
55 SION TWO OF THIS SECTION OR IN THIS SUBDIVISION, HE OR SHE SHALL THERE-
56 AFTER, IN ADDITION TO ANY RETIREMENT ALLOWANCE OR PENSION TO WHICH HE OR
S. 6289 3
1 SHE IS THEN ENTITLED, CONTINUE TO BE ENTITLED TO MEDICAL TREATMENT AND
2 HOSPITAL CARE NECESSITATED BY REASON OF SUCH INJURY OR ILLNESS.
3 6. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, A CAUSE OF
4 ACTION SHALL ACCRUE TO THE STATE FOR REIMBURSEMENT IN SUCH SUM OR SUMS
5 ACTUALLY PAID AS SALARY OR WAGES AND/OR FOR MEDICAL TREATMENT AND HOSPI-
6 TAL CARE AS AGAINST ANY THIRD PARTY AGAINST WHOM THE PEACE OFFICER SHALL
7 HAVE A CAUSE OF ACTION FOR THE INJURY SUSTAINED OR SICKNESS CAUSED BY
8 SUCH THIRD PARTY.
9 S 2. This act shall take effect immediately.
