S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   583

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by  M.  of A. CAHILL, HOYT -- Multi-Sponsored by -- M. of A.
  LIFTON -- 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

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 207-c of the general municipal  law,  as  added  by
chapter  920  of the laws of 1961, subdivision 1 as amended by section 3
of chapter 675 of the laws of 1997, subdivisions 2, 3 and 5  as  amended
by chapter 661 of the laws of 1984, is amended to read as follows:
  S  207-c.  Payment  of salary, wages, medical and hospital expenses of
policemen  with injuries or  illness  incurred  in  the  performance  of
duties ENTAILING THE HEIGHTENED RISK OF LAW ENFORCEMENT.
  1. Any sheriff, undersheriff, deputy sheriff or corrections officer of
the  sheriff's  department  of  any county (hereinafter referred to as a
["policeman"] "POLICE OFFICER") or any member of a police force  of  any
county, city of less than one million population, town or village, or of
any  district,  agency,  board,  body or commission thereof, or a detec-
tive-investigator or any other investigator  who  is  a  police  officer
pursuant to the provisions of the criminal procedure law employed in the
office  of a district attorney of any county, or any corrections officer
of the county of Erie department of corrections, or  an  advanced  ambu-
lance medical technician employed by the county of Nassau, or any super-
vising  fire  inspector,  fire inspector, fire marshal or assistant fire
marshal employed full-time  in  the  county  of  Nassau  fire  marshal's
office,  or at the option of the county of Nassau, any probation officer
of the county of Nassau who is injured in the performance of his OR  HER
duties  ENTAILING THE HEIGHTENED RISK OF LAW ENFORCEMENT or who is taken
sick as a result of the performance of his OR HER duties  ENTAILING  THE
HEIGHTENED RISK OF LAW ENFORCEMENT so as to necessitate medical or other
lawful  remedial treatment shall be paid by the municipality by which he
              

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00567-01-9

A. 583                              2

OR SHE is employed the full amount of his OR HER regular salary or wages
until his OR HER disability arising therefrom has ceased, and, in  addi-
tion  such  municipality  shall  be liable for all medical treatment and
hospital  care  necessitated  by  reason  of  such  injury  or  illness.
Provided, however, and notwithstanding the foregoing provisions of  this
section, the municipal health authorities or any physician appointed for
the  purpose  by  the municipality, after a determination has first been
made that such injury or sickness was incurred during, or resulted from,
such performance of duty ENTAILING THE HEIGHTENED RISK OF  LAW  ENFORCE-
MENT,  may  attend  any such injured or sick [policeman] POLICE OFFICER,
from time to time, for the purpose of  providing  medical,  surgical  or
other  treatment,  or  for making inspections and the municipality shall
not be liable for salary or wages payable  to  such  [policeman]  POLICE
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 [policeman] POLICE OFFICER has  recovered  and
is  physically able to perform his OR HER regular duties. Any injured or
sick [policeman] POLICE 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  treatment  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 [policeman] POLICE  OFFICER,  a
member  of  a  police force of any county, city, any such advanced ambu-
lance medical technician or any such detective-investigator or any other
such investigator who is a police officer pursuant to the provisions  of
the criminal procedure law.
  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  [policeman]  POLICE  OFFICER  who  is permanently disabled as a
result of an injury or sickness incurred or resulting from the  perform-
ance  of his OR HER duties ENTAILING THE HEIGHTENED RISK OF LAW ENFORCE-
MENT if such [policeman] POLICE OFFICER is granted an  accidental  disa-
bility   retirement   allowance   pursuant   to  section  three  hundred
sixty-three of the retirement and social security law, a retirement  for
disability incurred in performance of duty allowance pursuant to section
three hundred sixty-three-c of the retirement and social security law or
similar  accidental  disability  pension provided by the pension fund of
which he OR SHE is a member. If application for such  retirement  allow-
ance or pension is not made by such [policeman] POLICE OFFICER, applica-
tion  therefor  may be made by the head of the police force or as other-
wise provided by the chief executive officer or local  legislative  body
of  the  municipality  by  which  such  [policeman]  POLICE  OFFICER  is
employed.
  3. If such a [policeman] POLICE 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  disability  pension  and  is nevertheless, in the opinion of
such health authorities or physician, unable to perform his OR HER regu-
lar duties as a result of such injury or sickness but is able, in  their
opinion, to perform specified types of light police duty, payment of the
full  amount  of regular salary or wages, as provided by subdivision one

A. 583                              3

of this section, shall be discontinued with respect to such  [policeman]
POLICE  OFFICER  if  he OR SHE shall refuse to perform such light police
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 [policeman] POLICE 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 municipal officials may transfer such a [policeman]
POLICE  OFFICER to a position in another agency or department where they
are able to do so pursuant to applicable civil service requirements  and
provided the [policeman] POLICE OFFICER shall consent thereto.
  5.  If such a [policeman] POLICE 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 acci-
dental disability 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 appli-
cable law for the termination of  his  OR  HER  service.  Where  such  a
[policeman]  POLICE  OFFICER is transferred to another position pursuant
to subdivision four of this section or retires or is retired  under  any
procedure applicable to him OR HER, including but not limited to circum-
stances described in subdivision two of this section or in this subdivi-
sion,  he  OR SHE shall thereafter, in addition to any retirement allow-
ance 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  contrary  thereto  contained
herein  or elsewhere, a cause of action shall accrue to the municipality
for reimbursement in such sum or sums actually paid as salary  or  wages
and  or  for  medical  treatment  and hospital care as against any third
party against whom the [policeman] POLICE OFFICER shall have a cause  of
action for the injury sustained or sickness caused by such third party.
  S 2. Subdivisions 1, 4 and 6 of section 207-c of the general municipal
law, subdivision 1 as amended by section 4 of chapter 675 of the laws of
1997,  subdivisions  4  and  6  as amended by chapter 628 of the laws of
1991, are amended to read as follows:
  1. Any sheriff, undersheriff, deputy sheriff or corrections officer of
the sheriff's department of any county or any member of a  police  force
of  any  county,  city  of  less  than  one  million population, town or
village, or of any district, agency, board, body or commission  thereof,
or  any LIRR police officer as defined in paragraph two of subdivision a
of section three hundred eighty-nine of the retirement and social  secu-
rity  law  whose  benefits  are provided in and pursuant to such section
three hundred eighty-nine, or  a  detective-investigator  or  any  other
investigator  who  is a police officer pursuant to the provisions of the
criminal procedure law employed in the office of a district attorney  of
any  county, or any corrections officer of the county of Erie department
of corrections, or an advanced ambulance medical technician employed  by
the county of Nassau, or any supervising fire inspector, fire inspector,
fire marshal, or assistant fire marshal employed full-time in the county
of  Nassau  fire  marshal's  office,  or  at the option of the county of
Nassau, any probation officer of the county of Nassau who is injured  in

A. 583                              4

the  performance  of  his OR HER duties ENTAILING THE HEIGHTENED RISK OF
LAW ENFORCEMENT or who is taken sick as a result of the  performance  of
his OR HER duties ENTAILING THE HEIGHTENED RISK OF LAW ENFORCEMENT so as
to  necessitate medical or other lawful remedial treatment shall be paid
by the municipality or The Long Island Rail Road Company by which he  OR
SHE  is  employed  the full amount of his OR HER regular salary or wages
from such employer until his OR HER  disability  arising  therefrom  has
ceased,  and, in addition such municipality or The Long Island Rail Road
Company shall be liable for all  medical  treatment  and  hospital  care
necessitated by reason of such injury or illness.
  Provided,  however,  and  notwithstanding  the foregoing provisions of
this section, the municipal or The Long Island Rail Road Company  health
authorities  or  any  physician appointed for the purpose by the munici-
pality or The Long Island Rail Road Company, as relevant, after a deter-
mination has first been made that such injury or sickness  was  incurred
during, or resulted from, such performance of duty ENTAILING THE HEIGHT-
ENED  RISK  OF  LAW  ENFORCEMENT,  may  attend  any such injured or sick
[policeman] POLICE OFFICER, from  time  to  time,  for  the  purpose  of
providing   medical,   surgical   or  other  treatment,  or  for  making
inspections, and the municipality or The Long Island Rail Road  Company,
as  the  case may be, shall not be liable for salary or wages payable to
such [policeman] POLICE 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 [policeman] POLICE
OFFICER has recovered and is physically able to perform his OR HER regu-
lar duties. Any injured or sick [policeman]  POLICE  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  treatment  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 [policeman] POLICE OFFICER or
any such advanced ambulance medical technician.
  4. The appropriate municipal or The  Long  Island  Rail  Road  Company
officials  may  transfer  a  [policeman] POLICE OFFICER to a position in
another agency or department where they are able to do  so  pursuant  to
applicable  civil  service or The Long Island Rail Road Company require-
ments and provided the [policeman] POLICE OFFICER shall consent thereto.
  6. Notwithstanding any provision of  law  contrary  thereto  contained
herein  or elsewhere, a cause of action shall accrue to the municipality
or The Long Island Rail Road Company for reimbursement in  such  sum  or
sums  actually  paid as salary or wages and or for medical treatment and
hospital care as against any third party against  whom  the  [policeman]
POLICE  OFFICER shall have a cause of action for the injury sustained or
sickness caused by such third party.
  S 3. This act shall take effect immediately, provided that the  amend-
ments  to section 207-c of the general municipal law made by section one
of this act shall be subject to the expiration and reversion of subdivi-
sions 1, 4, and 6 of such section pursuant to section 7 of  chapter  628
of  the  laws of 1991, as amended, when upon such date the provisions of
section two of this act shall take effect.