S T A T E   O F   N E W   Y O R K
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                                   6991
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 28, 2017
                                ___________
 
 Introduced by M. of A. ABBATE -- 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 paid time off for
   Port Authority police officers  who  become  ill  or  injured  in  the
   performance of their duties

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 1 of 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
 PHYSICIAN SHALL CERTIFY THAT SUCH INJURED OR SICK MEMBER  HAS  RECOVERED
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD10499-01-7

 A. 6991                             2
 
 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 NEW YORK STATE 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 NEW YORK
 STATE RETIREMENT AND SOCIAL SECURITY LAW, OR PERFORMANCE OF  DUTY  DISA-
 BILITY ALLOWANCE PURSUANT TO SECTION 363-C OF THE NEW YORK STATE RETIRE-
 MENT  AND  SOCIAL  SECURITY LAW OR SIMILAR ACCIDENTAL DISABILITY PENSION
 PROVIDED BY THE PENSION FUND OF WHICH HE OR SHE IS A MEMBER. IF APPLICA-
 TION FOR SUCH RETIREMENT ALLOWANCE  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.
   §  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. 6991                             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.