S T A T E O F N E W Y O R K
________________________________________________________________________
6274
2017-2018 Regular Sessions
I N S E N A T E
May 11, 2017
___________
Introduced by Sen. LANZA -- read twice and ordered printed, and when
printed to be committed to the Committee on Corporations, Authorities
and Commissions
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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10499-01-7
S. 6274 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 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
S. 6274 3
act, but if the state of New Jersey shall have already enacted such
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.