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.
TITLE OF BILL: An act to amend the state finance law, in relation to compensation and medical expenses of certain injured state employees
PURPOSE OR GENERAL IDEA OF BILL: Makes provisions for payment to peace officers employed by the division of parole for salary and medical expenses while subject to sickness.
SUMMARY OF SPECIFIC PROVISIONS: This bill amends the state finance law to add a new section 209-c.
JUSTIFICATION: Peace officers employed in the state department of corrections and community supervision perform hazardous duty,on behalf of the people of the state of New York on a daily basis. They are at risk of being injured in the performance of these duties and should be afforded the same protection against the financial hardship which may result as are those individuals employed by municipalities in the performance of similar law enforcement responsibilities.
PRIOR LEGISLATIVE HISTORY: 2011 - Referred to Finance 2012 - Referred to Finance
FISCAL IMPLICATIONS: Unknown.
EFFECTIVE DATE: This act shall take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ 4095 2013-2014 Regular Sessions IN SENATE March 8, 2013 ___________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: Section 1. The state finance law is amended by adding a new section 209-c to read as follows: S 209-C. PAYMENT OF SALARY, WAGES, MEDICAL AND HOSPITAL EXPENSES OF PAROLE OFFICERS, PAROLE REVOCATION SPECIALISTS OR WARRANT OFFICERS IN THE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION WITH INJURIES OR ILLNESS INCURRED IN THE PERFORMANCE OF DUTIES. 1. ANY PAROLE OFFICER, PAROLE REVOCATION SPECIALIST OR WARRANT OFFICER IN THE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION (HEREINAFTER REFERRED TO AS A "PEACE OFFICER") WHO IS INJURED IN THE PERFORMANCE OF HIS OR HER DUTIES OR WHO IS TAKEN SICK AS A RESULT OF THE PERFORMANCE OF HIS OR HER DUTIES SO AS TO NECESSITATE MEDICAL OR OTHER LAWFUL REMEDIAL TREATMENT SHALL BE PAID BY THE STATE THE FULL AMOUNT OF HIS OR HER REGULAR SALARY OR WAGES UNTIL HIS OR HER DISABILITY ARISING THEREFROM HAS CEASED, AND, IN ADDI- TION THE STATE SHALL BE LIABLE FOR ALL MEDICAL TREATMENT AND HOSPITAL CARE NECESSITATED BY REASON OF SUCH INJURY OR ILLNESS. PROVIDED, HOWEV- ER, AND NOTWITHSTANDING THE FOREGOING PROVISIONS OF THIS SECTION, THE STATE HEALTH AUTHORITIES OR ANY PHYSICIAN APPOINTED FOR THE PURPOSE BY THE STATE, AFTER A DETERMINATION HAS FIRST BEEN MADE THAT SUCH INJURY OR SICKNESS WAS INCURRED DURING, OR RESULTED FROM, SUCH PERFORMANCE OF DUTY, MAY ATTEND ANY SUCH INJURED OR SICK PEACE OFFICER, FROM TIME TO TIME, FOR THE PURPOSE OF PROVIDING MEDICAL, SURGICAL OR OTHER TREATMENT, OR FOR MAKING INSPECTIONS AND THE STATE SHALL NOT BE LIABLE FOR SALARY OR WAGES PAYABLE TO SUCH PEACE OFFICER, OR FOR THE COST OF MEDICAL TREATMENT OR HOSPITAL CARE FURNISHED AFTER SUCH DATE AS SUCH HEALTH AUTHORITIES OR PHYSICIAN SHALL CERTIFY THAT SUCH INJURED OR SICK PEACEEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09635-02-3 S. 4095 2
OFFICER HAS RECOVERED AND IS PHYSICALLY ABLE TO PERFORM HIS OR HER REGU- LAR DUTIES. ANY INJURED OR SICK PEACE OFFICER WHO SHALL REFUSE TO ACCEPT MEDICAL TREATMENT OR HOSPITAL CARE OR SHALL REFUSE TO PERMIT MEDICAL INSPECTIONS AS HEREIN AUTHORIZED, INCLUDING EXAMINATIONS PURSUANT TO SUBDIVISION TWO OF THIS SECTION, SHALL BE DEEMED TO HAVE WAIVED HIS OR HER RIGHTS UNDER THIS SECTION IN RESPECT TO EXPENSES FOR MEDICAL TREAT- MENT OR HOSPITAL CARE RENDERED AND FOR SALARY OR WAGES PAYABLE AFTER SUCH REFUSAL. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, A PROVIDER OF MEDICAL TREATMENT OR HOSPITAL CARE FURNISHED PURSUANT TO THE PROVISIONS OF THIS SECTION SHALL NOT COLLECT OR ATTEMPT TO COLLECT REIMBURSEMENT FOR SUCH TREATMENT OR CARE FROM ANY SUCH PEACE OFFICER. 2. PAYMENT OF THE FULL AMOUNT OF REGULAR SALARY OR WAGES, AS PROVIDED BY SUBDIVISION ONE OF THIS SECTION, SHALL BE DISCONTINUED WITH RESPECT TO ANY PEACE OFFICER WHO IS PERMANENTLY DISABLED AS A RESULT OF AN INJU- RY OR SICKNESS INCURRED OR RESULTING FROM THE PERFORMANCE OF HIS OR HER DUTIES IF SUCH PEACE OFFICER IS GRANTED AN ACCIDENTAL DISABILITY RETIRE- MENT ALLOWANCE PURSUANT TO SECTION SIXTY-THREE OF THE RETIREMENT AND SOCIAL SECURITY LAW, A RETIREMENT FOR DISABILITY INCURRED IN PERFORMANCE OF DUTY ALLOWANCE OR SIMILAR ACCIDENTAL DISABILITY PENSION PROVIDED BY THE PENSION FUND OF WHICH HE OR SHE IS A MEMBER. IF APPLICATION FOR SUCH RETIREMENT ALLOWANCE OR PENSION IS NOT MADE BY SUCH PEACE OFFICER, APPLICATION THEREFOR MAY BE MADE BY THE COMMISSIONER OF THE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION. 3. IF SUCH A PEACE OFFICER IS NOT ELIGIBLE FOR OR IS NOT GRANTED SUCH ACCIDENTAL DISABILITY RETIREMENT ALLOWANCE OR RETIREMENT FOR DISABILITY INCURRED IN PERFORMANCE OF DUTY ALLOWANCE OR SIMILAR ACCIDENTAL DISABIL- ITY PENSION AND IS NEVERTHELESS, IN THE OPINION OF SUCH HEALTH AUTHORI- TIES OR PHYSICIAN, UNABLE TO PERFORM HIS OR HER REGULAR DUTIES AS A RESULT OF SUCH INJURY OR SICKNESS BUT IS ABLE, IN THEIR OPINION, TO PERFORM SPECIFIED TYPES OF LIGHT PEACE OFFICER DUTY, PAYMENT OF THE FULL AMOUNT OF REGULAR SALARY OR WAGES, AS PROVIDED BY SUBDIVISION ONE OF THIS SECTION, SHALL BE DISCONTINUED WITH RESPECT TO SUCH PEACE OFFICER IF HE OR SHE SHALL REFUSE TO PERFORM SUCH LIGHT PEACE OFFICER DUTY IF THE SAME IS AVAILABLE AND OFFERED TO HIM OR HER; PROVIDED, HOWEVER, THAT SUCH LIGHT DUTY SHALL BE CONSISTENT WITH HIS OR HER STATUS AS A PEACE OFFICER AND SHALL ENABLE HIM OR HER TO CONTINUE TO BE ENTITLED TO HIS OR HER REGULAR SALARY OR WAGES, INCLUDING INCREASES THEREOF AND FRINGE BENEFITS, TO WHICH HE OR SHE WOULD HAVE BEEN ENTITLED IF HE OR SHE WERE ABLE TO PERFORM HIS OR HER REGULAR DUTIES. 4. THE APPROPRIATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION OFFICIALS MAY TRANSFER SUCH A PEACE OFFICER TO A POSITION IN ANOTHER UNIT OR OFFICE WITHIN THE DEPARTMENT WHERE THEY ARE ABLE TO DO SO PURSU- ANT TO APPLICABLE CIVIL SERVICE REQUIREMENTS AND PROVIDED THE PEACE OFFICER SHALL CONSENT THERETO. 5. IF SUCH A PEACE OFFICER IS NOT ELIGIBLE FOR OR IS NOT GRANTED AN ACCIDENTAL DISABILITY RETIREMENT ALLOWANCE OR RETIREMENT FOR DISABILITY INCURRED IN PERFORMANCE OF DUTY ALLOWANCE OR SIMILAR ACCIDENTAL DISABIL- ITY PENSION, HE OR SHE SHALL NOT BE ENTITLED TO FURTHER PAYMENT OF THE FULL AMOUNT OF REGULAR SALARY OR WAGES, AS PROVIDED BY SUBDIVISION ONE OF THIS SECTION, AFTER HE OR SHE SHALL HAVE ATTAINED THE MANDATORY SERVICE RETIREMENT AGE APPLICABLE TO HIM OR HER OR SHALL HAVE ATTAINED THE AGE OR PERFORMED THE PERIOD OF SERVICE SPECIFIED BY APPLICABLE LAW FOR THE TERMINATION OF HIS OR HER SERVICE. WHERE SUCH A PEACE OFFICER IS TRANSFERRED TO ANOTHER POSITION PURSUANT TO SUBDIVISION FOUR OF THIS SECTION OR RETIRES OR IS RETIRED UNDER ANY PROCEDURE APPLICABLE TO HIMS. 4095 3
OR HER, INCLUDING BUT NOT LIMITED TO CIRCUMSTANCES DESCRIBED IN SUBDIVI- SION TWO OF THIS SECTION OR IN THIS SUBDIVISION, HE OR SHE SHALL THERE- AFTER, IN ADDITION TO ANY RETIREMENT ALLOWANCE OR PENSION TO WHICH HE OR SHE IS THEN ENTITLED, CONTINUE TO BE ENTITLED TO MEDICAL TREATMENT AND HOSPITAL CARE NECESSITATED BY REASON OF SUCH INJURY OR ILLNESS. 6. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, A CAUSE OF ACTION SHALL ACCRUE TO THE STATE FOR REIMBURSEMENT IN SUCH SUM OR SUMS ACTUALLY PAID AS SALARY OR WAGES AND/OR FOR MEDICAL TREATMENT AND HOSPI- TAL CARE AS AGAINST ANY THIRD PARTY AGAINST WHOM THE PEACE OFFICER SHALL HAVE A CAUSE OF ACTION FOR THE INJURY SUSTAINED OR SICKNESS CAUSED BY SUCH THIRD PARTY. S 2. This act shall take effect immediately.