Legislation

Search OpenLegislation Statutes
This entry was published on 2021-02-19
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 207-A
Payment of salary, medical and hospital expenses of firefighters with injuries or illness incurred in performance of duties
General Municipal (GMU) CHAPTER 24, ARTICLE 10
§ 207-a. Payment of salary, medical and hospital expenses of
firefighters with injuries or illness incurred in performance of duties.
1. Any paid firefighter which term as used in this section shall mean
any paid officer or member of an organized fire company or fire
department of a city of less than one million population, or town,
village or fire district, or any paid firefighter of a county airport or
county aviation department which performs fire response or fire rescue
duties, 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 municipality or fire district 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 addition, such
municipality or fire district shall be liable for all medical treatment
and hospital care furnished during such disability. Provided, however,
and notwithstanding the foregoing provisions of this section, the
municipal health authorities or any physician appointed for the purpose
by the municipality or fire district, may attend any such injured or
sick firefighter, from time to time, for the purpose of providing
medical, surgical or other treatment, or for making inspections and the
municipality or fire district shall not be liable for salary or wages
payable to such a firefighter, or for the cost of medical or hospital
care or treatment furnished, after such date as the health authorities
or such physician shall certify that such injured or sick firefighter
has recovered and is physically able to perform his or her regular
duties in the company or department. Any injured or sick firefighter who
shall refuse to accept such medical treatment or hospital care or shall
refuse to permit medical inspections as herein authorized, including
examinations resulting from the application of subdivision two hereof,
shall be deemed to have waived his or her rights under this section in
respect to expenses incurred for medical treatment or hospital care or
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 member of the fire department
of any such city.

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 firefighter who is permanently disabled as a result of an injury
or sickness incurred or resulting from the performance of his or her
duties if such firefighter is granted an accidental disability
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; provided, however, that in any such case
such firefighter shall continue to receive from the municipality or fire
district by which he or she is employed, until such time as 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, the difference between the amounts received under such
allowance or pension and the amount of his or her regular salary or
wages. Any payment made by a municipal corporation or fire district
pursuant to the provisions of this subdivision shall be deemed to have
been made for a valid and lawful public purpose. If application for such
retirement allowance or pension is not made by such firefighter,
application therefor may be made by the head of the fire company or fire
department or as otherwise provided by the fire district or by the chief
executive officer or local legislative body of the municipality by which
such firefighter is employed. If such application for accidental
disability retirement allowance or retirement for disability incurred in
performance of duty allowance is denied, the fire district or municipal
corporation by which such firefighter is employed may appeal such
determination.

3. If such a firefighter 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 regular duties as
a result of such injury or sickness but is able, in their opinion, to
perform specified types of light 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 firefighter if he or she
shall refuse to perform such light 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 firefighter 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. If such a firefighter 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
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
applicable law for the termination of his or her service. Where such a
firefighter retires or is retired under any procedure applicable to him
or her, including but not limited to circumstances described in
subdivision two of this section or in this subdivision, he or she shall
thereafter, in addition to any portion of regular wages or salary and/or
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.

4-a. Any benefit payable pursuant to subdivision two of this section
to a person who is granted retirement for disability incurred in
performance of duty pursuant to section three hundred sixty-three-c of
the retirement and social security law shall be reduced by the amount of
the benefits that are finally determined payable under the workers'
compensation law by reason of accidental disability.

5. The appropriate municipal or fire district officials may transfer
such a firefighter to a position in the same or another agency or
department where they are able to do so pursuant to applicable civil
service requirements and provided the firefighter shall consent thereto.

6. Any firefighter receiving payments or benefits pursuant to this
section, who engages in any employment other than as provided in
subdivision three or five of this section shall on the commencement of
such employment, forfeit his or her entitlement to any payments and
benefits hereunder, and any such payment or benefit unlawfully received
by such firefighter shall be refunded to and may be recovered by the
municipal corporation or fire district employing such firefighter in a
civil action. For the purposes of this section, employment shall not
include income derived from passive involvement with: gains derived from
dealings in property, interest income, rents from real property,
royalties, dividends, alimony and separate maintenance payments,
annuities, income from life insurance and endowment contracts, other
pensions, income from the discharge of indebtedness, income in the
respect of a decedent, and income from an interest in an estate or
trust.

7. Notwithstanding any provision of law contrary thereto contained
herein or elsewhere, a cause of action shall accrue to the municipality
or fire district aforesaid for reimbursement in such sum or sums
actually paid as a salary or wages and/or for medical or hospital
treatment, as against any third party against whom the firefighter shall
have a cause of action for the injuries sustained.