S T A T E O F N E W Y O R K
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4095
2013-2014 Regular Sessions
I N S E N A T E
March 8, 2013
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Introduced by Sen. ROBACH -- read twice and ordered printed, and when
printed to be committed to the Committee on Finance
AN ACT to amend the state finance law, in relation to compensation and
medical expenses of certain injured state employees
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The state finance law is amended by adding a new section
209-c to read as follows:
S 209-C. PAYMENT OF SALARY, WAGES, MEDICAL AND HOSPITAL EXPENSES OF
PAROLE OFFICERS, PAROLE REVOCATION SPECIALISTS OR WARRANT OFFICERS IN
THE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION WITH INJURIES OR
ILLNESS INCURRED IN THE PERFORMANCE OF DUTIES. 1. ANY PAROLE OFFICER,
PAROLE REVOCATION SPECIALIST OR WARRANT OFFICER IN THE DEPARTMENT OF
CORRECTIONS AND COMMUNITY SUPERVISION (HEREINAFTER REFERRED TO AS A
"PEACE OFFICER") 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 STATE THE FULL AMOUNT OF HIS OR HER REGULAR SALARY OR WAGES
UNTIL HIS OR HER DISABILITY ARISING THEREFROM HAS CEASED, AND, IN ADDI-
TION THE STATE SHALL BE LIABLE FOR ALL MEDICAL TREATMENT AND HOSPITAL
CARE NECESSITATED BY REASON OF SUCH INJURY OR ILLNESS. PROVIDED, HOWEV-
ER, AND NOTWITHSTANDING THE FOREGOING PROVISIONS OF THIS SECTION, THE
STATE HEALTH AUTHORITIES OR ANY PHYSICIAN APPOINTED FOR THE PURPOSE BY
THE STATE, 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 PEACE OFFICER, FROM TIME TO
TIME, FOR THE PURPOSE OF PROVIDING MEDICAL, SURGICAL OR OTHER TREATMENT,
OR FOR MAKING INSPECTIONS AND THE STATE SHALL NOT BE LIABLE FOR SALARY
OR WAGES PAYABLE TO SUCH PEACE OFFICER, 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 PEACE
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09635-02-3
S. 4095 2
OFFICER HAS RECOVERED AND IS PHYSICALLY ABLE TO PERFORM HIS OR HER REGU-
LAR DUTIES. ANY INJURED OR SICK PEACE OFFICER WHO SHALL REFUSE TO ACCEPT
MEDICAL TREATMENT OR HOSPITAL CARE OR SHALL REFUSE TO PERMIT MEDICAL
INSPECTIONS AS HEREIN AUTHORIZED, INCLUDING EXAMINATIONS PURSUANT TO
SUBDIVISION TWO OF THIS SECTION, SHALL BE DEEMED TO HAVE WAIVED HIS OR
HER RIGHTS UNDER THIS SECTION IN RESPECT TO EXPENSES FOR MEDICAL TREAT-
MENT 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 PEACE OFFICER.
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 PEACE OFFICER WHO IS PERMANENTLY DISABLED AS A RESULT OF AN INJU-
RY OR SICKNESS INCURRED OR RESULTING FROM THE PERFORMANCE OF HIS OR HER
DUTIES IF SUCH PEACE OFFICER IS GRANTED AN ACCIDENTAL DISABILITY RETIRE-
MENT ALLOWANCE PURSUANT TO SECTION SIXTY-THREE OF THE RETIREMENT AND
SOCIAL SECURITY LAW, A RETIREMENT FOR DISABILITY INCURRED IN PERFORMANCE
OF DUTY ALLOWANCE 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 PEACE OFFICER,
APPLICATION THEREFOR MAY BE MADE BY THE COMMISSIONER OF THE DEPARTMENT
OF CORRECTIONS AND COMMUNITY SUPERVISION.
3. IF SUCH A PEACE OFFICER 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 DISABIL-
ITY PENSION 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 PEACE OFFICER 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 PEACE OFFICER
IF HE OR SHE SHALL REFUSE TO PERFORM SUCH LIGHT PEACE OFFICER 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 PEACE
OFFICER 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. THE APPROPRIATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION
OFFICIALS MAY TRANSFER SUCH A PEACE OFFICER TO A POSITION IN ANOTHER
UNIT OR OFFICE WITHIN THE DEPARTMENT WHERE THEY ARE ABLE TO DO SO PURSU-
ANT TO APPLICABLE CIVIL SERVICE REQUIREMENTS AND PROVIDED THE PEACE
OFFICER SHALL CONSENT THERETO.
5. IF SUCH A PEACE OFFICER 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 DISABIL-
ITY 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 PEACE OFFICER IS
TRANSFERRED TO ANOTHER POSITION PURSUANT TO SUBDIVISION FOUR OF THIS
SECTION OR RETIRES OR IS RETIRED UNDER ANY PROCEDURE APPLICABLE TO HIM
S. 4095 3
OR HER, INCLUDING BUT NOT LIMITED TO CIRCUMSTANCES DESCRIBED IN SUBDIVI-
SION TWO OF THIS SECTION OR IN THIS SUBDIVISION, HE OR SHE SHALL THERE-
AFTER, IN ADDITION TO 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.
6. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, A CAUSE OF
ACTION SHALL ACCRUE TO THE STATE FOR REIMBURSEMENT IN SUCH SUM OR SUMS
ACTUALLY PAID AS SALARY OR WAGES AND/OR FOR MEDICAL TREATMENT AND HOSPI-
TAL CARE AS AGAINST ANY THIRD PARTY AGAINST WHOM THE PEACE OFFICER SHALL
HAVE A CAUSE OF ACTION FOR THE INJURY SUSTAINED OR SICKNESS CAUSED BY
SUCH THIRD PARTY.
S 2. This act shall take effect immediately.