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A06761 Summary:

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A06761 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          6761
 
                               2013-2014 Regular Sessions
 
                   IN ASSEMBLY
 
                                     April 17, 2013
                                       ___________
 
        Introduced by M. of A. ABBATE -- read once and referred to the Committee
          on Governmental Employees
 
        AN  ACT  to  amend chapter 154 of the laws of 1921, relating to the Port
          Authority of New York and New Jersey, in relation to paid time off for
          Port Authority police officers  who  become  ill  or  injured  in  the
          performance of their duties
 

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Chapter 154 of the laws  of  1921,  relating  to  the  Port
     2  Authority of New York and New Jersey, is amended by adding a new article
     3  23 to read as follows:
     4                                 ARTICLE XXIII
     5    1.  Any  member  of the police department of the port authority of New
     6  York and New Jersey who is injured in the  performance  of  his  or  her
     7  duties or who is taken sick as a result of the performance of his or her
     8  duties  so  as to necessitate medical or other lawful remedial treatment
     9  shall be paid by the port authority the full amount of his or her  regu-
    10  lar  salary  or  wages until his or her disability arising therefrom has

    11  ceased, and, in addition the port authority  shall  be  liable  for  all
    12  medical treatment and hospital care necessitated by reason of such inju-
    13  ry  or  illness.  Provided,  however,  and notwithstanding the foregoing
    14  provisions of this article, the port authority police health authorities
    15  or any physician appointed for the purpose  by  the  police  department,
    16  after  a  determination has first been made that such injury or sickness
    17  was incurred during, or resulted from  such  performance  of  duty,  may
    18  attend  any  such  injured  or  sick  member, from time to time, for the
    19  purpose of providing medical, surgical or other treatment, or for making
    20  inspections and the police department shall not be liable for salary  or

    21  wages  payable  to  such member, or for the cost of medical treatment or
    22  hospital care furnished after such date as such  health  authorities  or
    23  physician  shall  certify that such injured or sick member has recovered
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05603-02-3
        A. 6761                             2
 
     1  and is physically able to perform his or her regular duties. Any injured
     2  or sick member who shall refuse to accept medical treatment or  hospital
     3  care or shall refuse to permit medical inspections as authorized by this

     4  subdivision,  including examinations pursuant to section 363 or 363-c of
     5  the New York state retirement and social security law, shall  be  deemed
     6  to  have  waived  his  or  her  rights  under this article in respect to
     7  expenses for medical treatment or hospital care rendered and for  salary
     8  or wages payable after such refusal.
     9    2. Notwithstanding any provision of law to the contrary, a provider of
    10  medical  treatment or hospital care furnished pursuant to the provisions
    11  of this article shall not collect or attempt  to  collect  reimbursement
    12  for  such  treatment  or care from any such member of the port authority
    13  police.
    14    3. Payment of the full amount of regular salary or wages, as  provided

    15  by subdivision one of this article shall be discontinued with respect to
    16  any member of the port authority police who is permanently disabled as a
    17  result  of an injury or sickness incurred or resulting from the perform-
    18  ance of his or her duties if such member is granted an accidental  disa-
    19  bility  retirement  allowance  pursuant  to  section 363 of the New York
    20  state retirement and social security law, or performance of  duty  disa-
    21  bility allowance pursuant to section 363-c of the New York state retire-
    22  ment  and  social  security law or similar accidental disability pension
    23  provided by the pension fund of which he or she is a member. If applica-
    24  tion for such retirement allowance  or  pension  is  not  made  by  such

    25  member,  application  therefor  may  be  made  by  the chief of the port
    26  authority police department.
    27    4. If such a member is not eligible for or is not granted  such  acci-
    28  dental  or  performance  of duty disability retirement provided from the
    29  pension fund and is nevertheless, in the opinion of such health authori-
    30  ties or physician, unable to perform his or  her  regular  duties  as  a
    31  result  of  such  injury  or  sickness but is able, in their opinion, to
    32  perform specified types of light police duty, payment of the full amount
    33  of regular salary or wages, as provided by subdivision one of this arti-
    34  cle, shall be discontinued with respect to such  member  if  he  or  she

    35  shall  refuse to perform such light police duty if the same is available
    36  and offered to him or her, provided, however, that such light duty shall
    37  be consistent with his or her status as a member of the  port  authority
    38  police  and shall enable him or her to continue to be entitled to his or
    39  her regular salary or wages, including increases if he or she were  able
    40  to perform his or her regular duties.
    41    5.  If  such  a  member is not eligible for or is not granted an acci-
    42  dental disability retirement allowance or performance of duty disability
    43  allowance, he or she shall not be entitled to  further  payment  of  the
    44  full  amount  of regular salary or wages, as provided by subdivision one

    45  of this article, after he or  she  shall  have  attained  the  mandatory
    46  service retirement age applicable to him or her or shall have sufficient
    47  credible police employment to qualify for a service retirement.
    48    6.  Notwithstanding  any provision of law to the contrary or contained
    49  in this article, a cause of action shall accrue to  the  port  authority
    50  police  for reimbursement in such sum or sums actually paid as salary or
    51  wages and/or for medical treatment and  hospital  care  as  against  any
    52  third party against whom the member shall have a cause of action for the
    53  injury sustained or sickness caused by such third party.
    54    §  2.  This  act  shall take effect upon the enactment into law by the
    55  state of New Jersey of legislation having an identical effect with  this

    56  act,  but  if  the  state  of New Jersey shall have already enacted such
        A. 6761                             3
 
     1  legislation, this act shall take effect immediately; provided  that  the
     2  chair  of the port authority of New York and New Jersey shall notify the
     3  legislative bill drafting commission upon the occurrence of  the  enact-
     4  ment of the legislation provided for in section one of this act in order
     5  that  the  commission may maintain an accurate and timely effective data
     6  base of the official text of the laws of the state of New York in furth-
     7  erance of effectuating the provisions of section 44 of  the  legislative
     8  law and section 70-b of the public officers law.