Provides eligibility for benefits for injuries sustained while performing the high risk duties of law enforcement and requires that the comptroller make a decision on accidental disability retirement within ninety days of application.
STATE OF NEW YORK
________________________________________________________________________
2752
2015-2016 Regular Sessions
IN ASSEMBLY
January 20, 2015
___________
Introduced by M. of A. KATZ -- Multi-Sponsored by -- M. of A. CROUCH,
GIGLIO, McLAUGHLIN, RAIA, SALADINO -- 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; and the retirement and social
security law, in relation to accidental disability retirement
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 § 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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04454-01-5
A. 2752 2
1 sick as a result of the performance of his or her duties entailing the
2 heightened risk of law enforcement so as to necessitate medical or other
3 lawful remedial treatment shall be paid by the municipality by which he
4 or she is employed the full amount of his or her regular salary or wages
5 until his or her disability arising therefrom has ceased, and, in addi-
6 tion such municipality shall be liable for all medical treatment and
7 hospital care necessitated by reason of such injury or illness.
8 Provided, however, and notwithstanding the foregoing provisions of this
9 section, the municipal health authorities or any physician appointed for
10 the purpose by the municipality, after a determination has first been
11 made that such injury or sickness was incurred during, or resulted from,
12 such performance of duty entailing the heightened risk of law enforce-
13 ment, may attend any such injured or sick [policeman] police officer,
14 from time to time, for the purpose of providing medical, surgical or
15 other treatment, or for making inspections and the municipality shall
16 not be liable for salary or wages payable to such [policeman] police
17 officer, or for the cost of medical treatment or hospital care furnished
18 after such date as such health authorities or physician shall certify
19 that such injured or sick [policeman] police officer has recovered and
20 is physically able to perform his or her regular duties. Any injured or
21 sick [policeman] police officer who shall refuse to accept medical
22 treatment or hospital care or shall refuse to permit medical inspections
23 as herein authorized, including examinations pursuant to subdivision two
24 of this section, shall be deemed to have waived his or her rights under
25 this section in respect to expenses for medical treatment or hospital
26 care rendered and for salary or wages payable after such refusal.
27 Notwithstanding any provision of law to the contrary, a provider of
28 medical treatment or hospital care furnished pursuant to the provisions
29 of this section shall not collect or attempt to collect reimbursement
30 for such treatment or care from any such [policeman] police officer, a
31 member of a police force of any county, city, any such advanced ambu-
32 lance medical technician or any such detective-investigator or any other
33 such investigator who is a police officer pursuant to the provisions of
34 the criminal procedure law.
35 2. Payment of the full amount of regular salary or wages, as provided
36 by subdivision one of this section, shall be discontinued with respect
37 to any [policeman] police officer who is permanently disabled as a
38 result of an injury or sickness incurred or resulting from the perform-
39 ance of his or her duties entailing the heightened risk of law enforce-
40 ment if such [policeman] police officer is granted an accidental disa-
41 bility retirement allowance pursuant to section three hundred
42 sixty-three of the retirement and social security law, a retirement for
43 disability incurred in performance of duty allowance pursuant to section
44 three hundred sixty-three-c of the retirement and social security law or
45 similar accidental disability pension provided by the pension fund of
46 which he or she is a member. If application for such retirement allow-
47 ance or pension is not made by such [policeman] police officer, applica-
48 tion therefor may be made by the head of the police force or as other-
49 wise provided by the chief executive officer or local legislative body
50 of the municipality by which such [policeman] police officer is
51 employed.
52 3. If such a [policeman] police officer is not eligible for or is not
53 granted such accidental disability retirement allowance or retirement
54 for disability incurred in performance of duty allowance or similar
55 accidental disability pension and is nevertheless, in the opinion of
56 such health authorities or physician, unable to perform his or her regu-
A. 2752 3
1 lar duties as a result of such injury or sickness but is able, in their
2 opinion, to perform specified types of light police duty, payment of the
3 full amount of regular salary or wages, as provided by subdivision one
4 of this section, shall be discontinued with respect to such [policeman]
5 police officer if he or she shall refuse to perform such light police
6 duty if the same is available and offered to him or her, provided,
7 however, that such light duty shall be consistent with his or her status
8 as a [policeman] police officer and shall enable him or her to continue
9 to be entitled to his or her regular salary or wages, including
10 increases thereof and fringe benefits, to which he or she would have
11 been entitled if he or she were able to perform his or her regular
12 duties.
13 4. The appropriate municipal officials may transfer such a [policeman]
14 police officer to a position in another agency or department where they
15 are able to do so pursuant to applicable civil service requirements and
16 provided the [policeman] police officer shall consent thereto.
17 5. If such a [policeman] police officer is not eligible for or is not
18 granted an accidental disability retirement allowance or retirement for
19 disability incurred in performance of duty allowance or similar acci-
20 dental disability pension, he or she shall not be entitled to further
21 payment of the full amount of regular salary or wages, as provided by
22 subdivision one of this section, after he or she shall have attained the
23 mandatory service retirement age applicable to him or her or shall have
24 attained the age or performed the period of service specified by appli-
25 cable law for the termination of his or her service. Where such a
26 [policeman] police officer is transferred to another position pursuant
27 to subdivision four of this section or retires or is retired under any
28 procedure applicable to him or her, including but not limited to circum-
29 stances described in subdivision two of this section or in this subdivi-
30 sion, he or she shall thereafter, in addition to any retirement allow-
31 ance or pension to which he or she is then entitled, continue to be
32 entitled to medical treatment and hospital care necessitated by reason
33 of such injury or illness.
34 6. Notwithstanding any provision of law contrary thereto contained
35 herein or elsewhere, a cause of action shall accrue to the municipality
36 for reimbursement in such sum or sums actually paid as salary or wages
37 and or for medical treatment and hospital care as against any third
38 party against whom the [policeman] police officer shall have a cause of
39 action for the injury sustained or sickness caused by such third party.
40 § 2. Subdivisions 1, 4 and 6 of section 207-c of the general municipal
41 law, subdivision 1 as amended by section 4 of chapter 675 of the laws of
42 1997, subdivisions 4 and 6 as amended by chapter 628 of the laws of
43 1991, are amended to read as follows:
44 1. Any sheriff, undersheriff, deputy sheriff or corrections officer of
45 the sheriff's department of any county or any member of a police force
46 of any county, city of less than one million population, town or
47 village, or of any district, agency, board, body or commission thereof,
48 or any LIRR police officer as defined in paragraph two of subdivision a
49 of section three hundred eighty-nine of the retirement and social secu-
50 rity law whose benefits are provided in and pursuant to such section
51 three hundred eighty-nine, or a detective-investigator or any other
52 investigator who is a police officer pursuant to the provisions of the
53 criminal procedure law employed in the office of a district attorney of
54 any county, or any corrections officer of the county of Erie department
55 of corrections, or an advanced ambulance medical technician employed by
56 the county of Nassau, or any supervising fire inspector, fire inspector,
A. 2752 4
1 fire marshal, or assistant fire marshal employed full-time in the county
2 of Nassau fire marshal's office, or at the option of the county of
3 Nassau, any probation officer of the county of Nassau who is injured in
4 the performance of his or her duties entailing the heightened risk of
5 law enforcement or who is taken sick as a result of the performance of
6 his or her duties entailing the heightened risk of law enforcement so as
7 to necessitate medical or other lawful remedial treatment shall be paid
8 by the municipality or The Long Island Rail Road Company by which he or
9 she is employed the full amount of his or her regular salary or wages
10 from such employer until his or her disability arising therefrom has
11 ceased, and, in addition such municipality or The Long Island Rail Road
12 Company shall be liable for all medical treatment and hospital care
13 necessitated by reason of such injury or illness.
14 Provided, however, and notwithstanding the foregoing provisions of
15 this section, the municipal or The Long Island Rail Road Company health
16 authorities or any physician appointed for the purpose by the munici-
17 pality or The Long Island Rail Road Company, as relevant, after a deter-
18 mination has first been made that such injury or sickness was incurred
19 during, or resulted from, such performance of duty entailing the height-
20 ened risk of law enforcement, may attend any such injured or sick
21 [policeman] police officer, from time to time, for the purpose of
22 providing medical, surgical or other treatment, or for making
23 inspections, and the municipality or The Long Island Rail Road Company,
24 as the case may be, shall not be liable for salary or wages payable to
25 such [policeman] police officer, or for the cost of medical treatment or
26 hospital care furnished after such date as such health authorities or
27 physician shall certify that such injured or sick [policeman] police
28 officer has recovered and is physically able to perform his or her regu-
29 lar duties. Any injured or sick [policeman] police officer who shall
30 refuse to accept medical treatment or hospital care or shall refuse to
31 permit medical inspections as herein authorized, including examinations
32 pursuant to subdivision two of this section, shall be deemed to have
33 waived his or her rights under this section in respect to expenses for
34 medical treatment or hospital care rendered and for salary or wages
35 payable after such refusal.
36 Notwithstanding any provision of law to the contrary, a provider of
37 medical treatment or hospital care furnished pursuant to the provisions
38 of this section shall not collect or attempt to collect reimbursement
39 for such treatment or care from any such [policeman] police officer or
40 any such advanced ambulance medical technician.
41 4. The appropriate municipal or The Long Island Rail Road Company
42 officials may transfer a [policeman] police officer to a position in
43 another agency or department where they are able to do so pursuant to
44 applicable civil service or The Long Island Rail Road Company require-
45 ments and provided the [policeman] police officer shall consent thereto.
46 6. Notwithstanding any provision of law contrary thereto contained
47 herein or elsewhere, a cause of action shall accrue to the municipality
48 or The Long Island Rail Road Company for reimbursement in such sum or
49 sums actually paid as salary or wages and or for medical treatment and
50 hospital care as against any third party against whom the [policeman]
51 police officer shall have a cause of action for the injury sustained or
52 sickness caused by such third party.
53 § 3. Subdivision d of section 363 of the retirement and social securi-
54 ty law, as added by chapter 1000 of the laws of 1966, is amended to read
55 as follows:
A. 2752 5
1 d. If the comptroller determines that the member is physically or
2 mentally incapacitated for the performance of duty and ought to be
3 retired for accidental disability, such member shall be so retired. Such
4 retirement shall be effective as of a date approved by the comptroller.
5 The comptroller shall make a determination within ninety days from the
6 date the application was filed.
7 § 4. This act shall take effect immediately, provided that the amend-
8 ments to section 207-c of the general municipal law made by section one
9 of this act shall be subject to the expiration and reversion of subdivi-
10 sions 1, 4, and 6 of such section pursuant to section 7 of chapter 628
11 of the laws of 1991, as amended, when upon such date the provisions of
12 section two of this act shall take effect.
