Legislation

Search OpenLegislation Statutes

This entry was published on 2014-09-22
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 1204-C
Receipt of line of duty pay
Public Authorities (PBA) CHAPTER 43-A, ARTICLE 5, TITLE 9
§ 1204-c. Receipt of line of duty pay. 1. A member of the New York
city transit authority police force in the rank of police officer or a
member of such force who is detailed or designated as a detective or who
holds the position of sergeant or any position of higher rank, shall be
entitled pursuant to this section to the full amount of his or her
regular salary for the period of any incapacity due to illness or injury
incurred in the performance and discharge of duty as a member of the
force, as determined by the authority, only in the event that a
collective bargaining agreement granting such entitlement pursuant to
this section has been entered into by the authority and the certified
employee organization representing such member. The first entitlement of
any such member of the New York city transit authority police force to
the full amount of regular salary under this section shall commence on
the date of execution of the collective bargaining agreement providing
for such entitlement with respect to such member.

2. Nothing in this section shall be construed to affect the rights,
powers and duties of the authority pursuant to any other provision of
law, including, but not limited to, the right to discipline a police
officer by termination, reduction of salary, or any other appropriate
measure; the power to terminate an appointee who has not completed his
or her probationary term; and the power to apply for ordinary or
accident disability retirement for a police officer.

3. Nothing in this section shall be construed to require payment of
salary to a member of the New York city transit authority police force
who has been terminated, retired, suspended or otherwise separated from
service by reason of death, retirement or any other cause.

4. A decision as to eligibility for benefits pursuant to this section
shall not be binding on the medical board or the board of trustees of
any pension fund in the determination of eligibility for an accident
disability or accidental death benefit.

5. As used in this section the term "incapacity" shall mean the
inability to perform full, limited, or restricted duty.