S T A T E O F N E W Y O R K
________________________________________________________________________
2752
2015-2016 Regular Sessions
I N A S S E M B L Y
January 20, 2015
___________
Introduced by M. of A. KATZ -- Multi-Sponsored by -- M. of A. CROUCH,
GIGLIO, McLAUGHLIN, RAIA, SALADINO -- 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; and the retirement and social
security law, in relation to accidental disability retirement
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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04454-01-5
A. 2752 2
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
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-
A. 2752 3
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
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,
A. 2752 4
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 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. Subdivision d of section 363 of the retirement and social securi-
ty law, as added by chapter 1000 of the laws of 1966, is amended to read
as follows:
A. 2752 5
d. If the comptroller determines that the member is physically or
mentally incapacitated for the performance of duty and ought to be
retired for accidental disability, such member shall be so retired. Such
retirement shall be effective as of a date approved by the comptroller.
THE COMPTROLLER SHALL MAKE A DETERMINATION WITHIN NINETY DAYS FROM THE
DATE THE APPLICATION WAS FILED.
S 4. 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.