NY State Senate Bill 2011-S6329

Senate Bill S6329

2011-2012 Legislative Session

Provides for payment of salary, wages, medical and hospital expenses of members of the state police with injuries or illness incurred in the performance of duties

download bill text pdf

Archive: Last Bill Status - In Senate Committee Civil Service And Pensions Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 26, 2012	referred to civil service and pensions

co-Sponsors

2011-S6329 (ACTIVE) - Details

See Assembly Version of this Bill:: A5730
Current Committee:: Senate Civil Service And Pensions
Law Section:: Civil Service Law
Laws Affected:: Add §154-d, Civ Serv L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S4763, A7141
2013-2014: S109, A8755
2015-2016: S532, A2343

2011-S6329 (ACTIVE) - Summary

Provides for payment of salary, wages, medical and hospital expenses of members of the state police with injuries or illness incurred in the performance of their duties.

2011-S6329 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S6329

TITLE OF BILL:
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

PURPOSE:
To protect members of the State Police who become injured in the line
of duty, but the injury or illness does not rise to the qualifying
levels of a disability retirement. currently there are no provisions
for these individuals who qualify for workman's compensation for
eighteen months and then must be separated from state service.

SUMMARY OF PROVISIONS:
Adds a new section 154-d to the Civil Service Law.
This section provides for the payment of salary, wages, medical and
hospital expenses for members of the State Police who are taken sick
or injured as a result of the performance of duties. In addition, in
certain circumstances the injured or ill member may serve in a light
duty capacity.

EXISTING LAW:

JUSTIFICATION:

Due to an inconsistency in the laws of New York, a Police Officer who
is a member of the New York State Police could become injured or ill
in the line of duty, exhaust his entire allotment of workman's
compensation, and if not able to either return to full and strenuous
duty or qualify for a disability retirement, be terminated. Municipal
Police Officers who fall into this category are covered under section
207c of the General Municipal law, which
provides that the injured police officer perform light duty or collect
his normal salary while injured and unable to return to work. This
legislation would grant members of the New York State Police the same
protections as municipal police officers.

LEGISLATIVE HISTORY:
2004 Session: A.11016  - Vetoed by Governor (VM272)
2005 Session: A.7192   - Vetoed by Governor (VM62)
2006 Session: A.9848   - Vetoed by Governor (VM375)
2007 Session: A.8137   - Vetoed by Governor (VM144);
              A.10135A - Vetoed by Governor (VM76)

FISCAL IMPLICATIONS:
None to the New York State and Local Police and Fire Retirement
System. There is a significant potential of fiscal savings to the New
York State Division of State Police due to the implementation of
light duty assignments, which would allow members to return to work
rather than utilize workers' compensation leave. This measure would
also reduce the amount of overtime normally required to replace the
man hours missed by those members utilizing workers' compensation
leave.


LOCAL FISCAL IMPLICATIONS:

EFFECTIVE DATE:
180 days after it has become law.

2011-S6329 (ACTIVE) - Bill Text download pdf

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

                                  6329

                            I N  S E N A T E

                            January 26, 2012
                               ___________

Introduced  by Sen. GALLIVAN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Civil Service and Pensions

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
AS  AUTHORIZED  BY  THIS SUBDIVISION, INCLUDING EXAMINATIONS PURSUANT TO

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

                                                           LBD05474-01-1

S. 6329                             2

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.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Senate Bill S6329

Share this bill

Sponsored By

Patrick M. Gallivan