S T A T E   O F   N E W   Y O R K
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                                  2340

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 15, 2009
                               ___________

Introduced by M. of A. McENENY -- Multi-Sponsored by -- M. of A. ABBATE,
  BOYLAND,  CLARK,  COOK,  EDDINGTON,  PHEFFER,  TOWNS  -- read once and
  referred to the Committee on Governmental Employees

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
PEACE OFFICERS EMPLOYED IN THE STATE DIVISION OF PAROLE WITH INJURIES OR
ILLNESS INCURRED IN THE PERFORMANCE OF  DUTIES.  1.  ANY  PEACE  OFFICER
EMPLOYED  IN  THE STATE DIVISION OF PAROLE (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  PEACE
OFFICER HAS RECOVERED AND IS PHYSICALLY ABLE TO PERFORM HIS OR HER REGU-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00490-01-9
              

A. 2340                             2

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 HEAD OF THE STATE DIVISION OF
PAROLE.
  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  DIVISION OF PAROLE OFFICIALS MAY TRANSFER SUCH A
PEACE OFFICER TO A POSITION IN ANOTHER UNIT OR OFFICE WITHIN  THE  DIVI-
SION  WHERE  THEY ARE ABLE TO DO SO PURSUANT 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  HIM
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-

A. 2340                             3

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.