S T A T E   O F   N E W   Y O R K
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                                  5125

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 14, 2011
                               ___________

Introduced  by M. of A. ABBATE -- Multi-Sponsored by -- M. of A. COLTON,
  DenDEKKER, PHEFFER, SALADINO, WEPRIN -- 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  ensuring  Port
  Authority police officers who become ill or injured in the performance
  of their duties receive full wages

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

  Section 1. Chapter 154 of the laws  of  1921,  relating  to  the  Port
Authority of New York and New Jersey, is amended by adding a new article
23 to read as follows:
                               ARTICLE XXIII
  1.  ANY  MEMBER  OF THE POLICE DEPARTMENT OF THE PORT AUTHORITY OF NEW
YORK AND NEW JERSEY 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 PORT AUTHORITY THE FULL AMOUNT OF HIS OR HER  REGU-
LAR  SALARY  OR  WAGES UNTIL HIS OR HER DISABILITY ARISING THEREFROM HAS
CEASED, AND, IN ADDITION THE PORT AUTHORITY  SHALL  BE  LIABLE  FOR  ALL
MEDICAL TREATMENT AND HOSPITAL CARE NECESSITATED BY REASON OF SUCH INJU-
RY  OR  ILLNESS.  PROVIDED,  HOWEVER,  AND NOTWITHSTANDING THE FOREGOING
PROVISIONS OF THIS ARTICLE, THE PORT AUTHORITY POLICE HEALTH AUTHORITIES
OR ANY PHYSICIAN APPOINTED FOR THE PURPOSE  BY  THE  POLICE  DEPARTMENT,
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  MEMBER, FROM TIME TO TIME, FOR THE
PURPOSE OF PROVIDING MEDICAL, SURGICAL OR OTHER TREATMENT, OR FOR MAKING
INSPECTIONS AND THE POLICE DEPARTMENT SHALL NOT BE LIABLE FOR SALARY  OR
WAGES  PAYABLE  TO  SUCH MEMBER, OR FOR THE COST OF MEDICAL TREATMENT OR
HOSPITAL CARE FURNISHED AFTER SUCH DATE AS SUCH  HEALTH  AUTHORITIES  OR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05475-02-1
              

A. 5125                             2

PHYSICIAN  SHALL  CERTIFY THAT SUCH INJURED OR SICK MEMBER HAS RECOVERED
AND IS PHYSICALLY ABLE TO PERFORM HIS OR HER REGULAR DUTIES. ANY INJURED
OR SICK MEMBER WHO SHALL REFUSE TO ACCEPT MEDICAL TREATMENT OR  HOSPITAL
CARE OR SHALL REFUSE TO PERMIT MEDICAL INSPECTIONS AS AUTHORIZED BY THIS
SUBDIVISION,  INCLUDING EXAMINATIONS PURSUANT TO SECTION 363 OR 363-C OF
THE RETIREMENT AND SOCIAL SECURITY LAW, SHALL BE DEEMED TO  HAVE  WAIVED
HIS  OR HER RIGHTS UNDER THIS ARTICLE IN RESPECT TO EXPENSES FOR MEDICAL
TREATMENT OR HOSPITAL CARE RENDERED AND  FOR  SALARY  OR  WAGES  PAYABLE
AFTER SUCH REFUSAL.
  2. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, A PROVIDER OF
MEDICAL  TREATMENT OR HOSPITAL CARE FURNISHED PURSUANT TO THE PROVISIONS
OF THIS ARTICLE SHALL NOT COLLECT OR ATTEMPT  TO  COLLECT  REIMBURSEMENT
FOR  SUCH  TREATMENT  OR CARE FROM ANY SUCH MEMBER OF THE PORT AUTHORITY
POLICE.
  3. PAYMENT OF THE FULL AMOUNT OF REGULAR SALARY OR WAGES, AS  PROVIDED
BY SUBDIVISION ONE OF THIS ARTICLE SHALL BE DISCONTINUED WITH RESPECT TO
ANY MEMBER OF THE PORT AUTHORITY POLICE WHO IS PERMANENTLY DISABLED AS A
RESULT  OF AN INJURY OR SICKNESS INCURRED OR RESULTING FROM THE PERFORM-
ANCE OF HIS OR HER DUTIES IF SUCH MEMBER IS GRANTED AN ACCIDENTAL  DISA-
BILITY  RETIREMENT  ALLOWANCE  PURSUANT TO SECTION 363 OF THE RETIREMENT
AND SOCIAL SECURITY LAW, OR PERFORMANCE  OF  DUTY  DISABILITY  ALLOWANCE
PURSUANT  TO  SECTION 363-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 MEMBER, APPLICATION THEREFOR MAY  BE
MADE BY THE CHIEF OF THE PORT AUTHORITY POLICE DEPARTMENT.
  4.  IF  SUCH A MEMBER IS NOT ELIGIBLE FOR OR IS NOT GRANTED SUCH ACCI-
DENTAL OR PERFORMANCE OF DUTY DISABILITY RETIREMENT  PROVIDED  FROM  THE
PENSION FUND 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 POLICE DUTY, PAYMENT OF THE FULL AMOUNT
OF REGULAR SALARY OR WAGES, AS PROVIDED BY SUBDIVISION ONE OF THIS ARTI-
CLE,  SHALL  BE  DISCONTINUED  WITH  RESPECT TO SUCH MEMBER 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 MEMBER OF THE PORT AUTHORITY
POLICE AND SHALL ENABLE HIM OR HER TO CONTINUE TO BE ENTITLED TO HIS  OR
HER  REGULAR SALARY OR WAGES, INCLUDING INCREASES IF HE OR SHE WERE ABLE
TO PERFORM HIS OR HER REGULAR DUTIES.
  5. IF SUCH A MEMBER IS NOT ELIGIBLE FOR OR IS  NOT  GRANTED  AN  ACCI-
DENTAL DISABILITY RETIREMENT ALLOWANCE OR PERFORMANCE OF DUTY DISABILITY
ALLOWANCE,  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  ARTICLE,  AFTER  HE  OR  SHE SHALL HAVE ATTAINED THE MANDATORY
SERVICE RETIREMENT AGE APPLICABLE TO HIM OR HER OR SHALL HAVE SUFFICIENT
CREDIBLE POLICE EMPLOYMENT TO QUALIFY FOR A SERVICE RETIREMENT.
  6. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY  OR  CONTAINED
IN  THIS  ARTICLE,  A CAUSE OF ACTION SHALL ACCRUE TO THE PORT AUTHORITY
POLICE 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 MEMBER SHALL HAVE A CAUSE OF ACTION FOR THE
INJURY SUSTAINED OR SICKNESS CAUSED BY SUCH THIRD PARTY.
  S 2. This act shall take effect upon the enactment  into  law  by  the
state  of New Jersey of legislation having an identical effect with this
act, but if the state of New Jersey  shall  have  already  enacted  such

A. 5125                             3

legislation,  this  act shall take effect immediately; provided that the
chair of the port authority of New York and New Jersey shall notify  the
legislative  bill  drafting commission upon the occurrence of the enact-
ment of the legislation provided for in section one of this act in order
that  the  commission may maintain an accurate and timely effective data
base of the official text of the laws of the state of New York in furth-
erance of effectuating the provisions of section 44 of  the  legislative
law and section 70-b of the public officers law.