S T A T E   O F   N E W   Y O R K
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                                  7141

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                             March 25, 2009
                               ___________

Introduced by M. of A. ABBATE, PHEFFER, DenDEKKER, TOWNSEND, SALADINO --
  Multi-Sponsored  by  --  M. of A. McENENY -- read once and referred to
  the Committee on Governmental Employees

AN ACT to amend the civil service law, in relation  to  members  of  the
  state  police  with injuries or illness incurred in the performance of
  duties

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The  civil service law is amended by adding a new section
154-d to read as follows:
  S 154-D. PAYMENT OF SALARY, WAGES, MEDICAL AND  HOSPITAL  EXPENSES  OF
MEMBERS  OF  THE  STATE  POLICE WITH INJURIES OR ILLNESS INCURRED IN THE
PERFORMANCE OF DUTIES.  1. ANY MEMBER OF THE STATE POLICE 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 DIVISION OF STATE
POLICE THE FULL AMOUNT OF HIS OR HER REGULAR SALARY OR WAGES  UNTIL  HIS
OR  HER  DISABILITY  ARISING  THEREFROM HAS CEASED, AND, IN ADDITION THE
DIVISION OF STATE POLICE 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  DIVISION OF STATE POLICE HEALTH AUTHORITIES OR ANY PHYSI-
CIAN APPOINTED FOR THE PURPOSE BY THE DIVISION OF STATE POLICE, 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  DIVISION  OF STATE POLICE 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  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

              

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10435-01-9

A. 7141                             2

AS  AUTHORIZED  BY  THIS SUBDIVISION, INCLUDING EXAMINATIONS PURSUANT TO
SECTION THREE HUNDRED SIXTY-THREE-B OR THREE HUNDRED  SIXTY-THREE-BB  OF
THE  RETIREMENT  AND SOCIAL SECURITY LAW, 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 MEMBER OF THE STATE POLICE.
  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 MEMBER OF THE STATE 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  THREE  HUNDRED
SIXTY-THREE-BB OF THE RETIREMENT AND SOCIAL SECURITY LAW, A STATE POLICE
DISABILITY ALLOWANCE PURSUANT TO SECTION THREE HUNDRED SIXTY-THREE-B  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 ALLOWANCE OR PENSION IS NOT MADE BY SUCH
MEMBER,  APPLICATION THEREFOR MAY BE MADE BY THE SUPERINTENDENT OF STATE
POLICE.
  3. IF SUCH A MEMBER IS NOT ELIGIBLE FOR OR IS NOT GRANTED  SUCH  ACCI-
DENTAL DISABILITY RETIREMENT ALLOWANCE OR STATE POLICE DISABILITY ALLOW-
ANCE  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 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 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 STATE POLICE 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 MEMBER IS NOT ELIGIBLE FOR OR IS  NOT  GRANTED  AN  ACCI-
DENTAL DISABILITY RETIREMENT ALLOWANCE OR STATE POLICE DISABILITY ALLOW-
ANCE  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.
  5.  NOTWITHSTANDING  ANY PROVISION OF LAW TO THE CONTRARY OR CONTAINED
IN THIS SECTION, A CAUSE OF ACTION SHALL ACCRUE TO THE DIVISION OF STATE
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.
  S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.