Makes provisions for payment to certain parole officers employed by the department of corrections and community supervision for salary and medical expenses while subject to sickness.
STATE OF NEW YORK
________________________________________________________________________
5762
2015-2016 Regular Sessions
IN SENATE
June 2, 2015
___________
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 § 209-c. Payment of salary, wages, medical and hospital expenses of
4 employees in the parole officer series titles, herein after called
5 parole officers. 1. Any employee in the parole officer title series, in
6 the department of corrections and community supervision who is injured
7 in the performance of his or her duties or who is taken sick as a result
8 of the performance of his or her duties so as to necessitate medical or
9 other lawful remedial treatment shall be paid by the state the full
10 amount of his or her regular salary or wages for the duration of his or
11 her leave for occupational injury or disease as provided by section
12 seventy-one of the civil service law and, in addition the state shall be
13 liable for all medical treatment and hospital care necessitated by
14 reason of such injury or illness. Provided, however, and notwithstanding
15 the foregoing provisions of this section, the state health authorities
16 or any physician appointed for the purpose by the state, after a deter-
17 mination has first been made that such injury or sickness was incurred
18 during, or resulted from, such performance of duty, may attend any such
19 injured or sick parole officer, from time to time, for the purpose of
20 providing medical, surgical or other treatment, or for making
21 inspections and the state shall not be liable for salary or wages paya-
22 ble to such parole 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 parole officer has
25 recovered and is physically able to perform his or her regular duties.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04617-02-5
S. 5762 2
1 Any injured or sick parole officer who shall refuse to accept medical
2 treatment or hospital care or shall refuse to permit medical inspections
3 as herein authorized shall be deemed to have waived his or her rights
4 under this section in respect to expenses for medical treatment or
5 hospital care rendered and for salary or wages payable after such
6 refusal.
7 Notwithstanding any provision of law to the contrary, a provider of
8 medical treatment or hospital care furnished pursuant to the provisions
9 of this section shall not collect or attempt to collect reimbursement
10 for such treatment or care from any such parole officer.
11 2. Payment of the full amount of regular salary or wages, as provided
12 by subdivision one of this section, shall be discontinued with respect
13 to any parole officer who is permanently disabled as a result of an
14 injury or sickness incurred or resulting from the performance of his or
15 her duties if such parole officer is granted an accidental disability
16 retirement allowance pursuant to section sixty-three of the retirement
17 and social security law, a retirement for disability incurred in
18 performance of duty allowance or similar accidental disability pension
19 provided by the pension fund of which he or she is a member. If applica-
20 tion for such retirement allowance or pension is not made by such parole
21 officer, application therefor may be made by the commissioner of the
22 department of corrections and community supervision.
23 3. If such a parole officer is not eligible for or is not granted such
24 accidental disability retirement allowance or retirement for disability
25 incurred in performance of duty allowance or similar accidental disabil-
26 ity pension and is nevertheless, in the opinion of such health authori-
27 ties or physician, unable to perform his or her regular duties as a
28 result of such injury or sickness but is able, in their opinion, to
29 perform specified types of light parole officer duty, payment of the
30 full amount of regular salary or wages, as provided by subdivision one
31 of this section, shall be discontinued with respect to such parole offi-
32 cer if he or she shall refuse to perform such light parole officer duty
33 if the same is available and offered to him or her; provided, however,
34 that such light duty shall be consistent with his or her status as a
35 parole officer and shall enable him or her to continue to be entitled to
36 his or her regular salary or wages, including increases thereof and
37 fringe benefits, to which he or she would have been entitled if he or
38 she were able to perform his or her regular duties.
39 4. The appropriate department of corrections and community supervision
40 officials may transfer such a parole officer to a position in another
41 unit or office within the department where they are able to do so pursu-
42 ant to applicable civil service requirements and provided the parole
43 officer shall consent thereto.
44 5. If such a parole officer is not eligible for or is not granted an
45 accidental disability retirement allowance or retirement for disability
46 incurred in performance of duty allowance or similar accidental disabil-
47 ity pension, he or she shall not be entitled to further payment of the
48 full amount of regular salary or wages, as provided by subdivision one
49 of this section, after he or she shall have attained the mandatory
50 service retirement age applicable to him or her or shall have attained
51 the age or performed the period of service specified by applicable law
52 for the termination of his or her service.
53 6. Notwithstanding any provision of law to the contrary, a cause of
54 action shall accrue to the state for reimbursement in such sum or sums
55 actually paid as salary or wages and/or for medical treatment and hospi-
56 tal care as against any third party against whom the parole officer
S. 5762 3
1 shall have a cause of action for the injury sustained or sickness caused
2 by such third party.
3 7. Nothing herein shall waive, modify, or limit any rights or benefits
4 provided by the workers' compensation law to covered parole officers
5 which exceed the benefits contained herein or continue beyond the term
6 of a covered parole officer's leave for occupational injury or disease
7 as provided by section seventy-one of the civil service law.
8 § 2. This act shall take effect immediately.
