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SECTION 207-C
Payment of salary, wages, medical and hospital expenses of police officers with injuries or illness incurred in the performance of duties
General Municipal (GMU) CHAPTER 24, ARTICLE 10
§ 207-c. Payment of salary, wages, medical and hospital expenses of
police officers with injuries or illness incurred in the performance of
duties. * 1. Any sheriff, undersheriff, deputy sheriff or corrections
officer of the sheriff's department of any county or any member of a
police force of any county, city of less than one million population,
town or village, or of any district, agency, board, body or commission
thereof, or any LIRR police officer as defined in paragraph two of
subdivision a of section three hundred eighty-nine of the retirement and
social security law whose benefits are provided in and pursuant to such
section three hundred eighty-nine, or a detective-investigator or any
other investigator who is a police officer pursuant to the provisions of
the criminal procedure law employed in the office of a district attorney
of any county, or any corrections officer of the county of Erie
department of corrections, or an advanced ambulance medical technician
employed by the county of Nassau, or any detention officer employed by
the city of Yonkers, or any supervising fire inspector, fire inspector,
fire marshal, or assistant fire marshal employed full-time in the county
of Nassau fire marshal's office, or at the option of the county of
Nassau, any probation officer of the county of Nassau 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 The
Long Island Rail Road Company by which he or she is employed the full
amount of his or her regular salary or wages from such employer until
his or her disability arising therefrom has ceased, and, in addition
such municipality or The Long Island Rail Road Company 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 municipal or The Long Island
Rail Road Company health authorities or any physician appointed for the
purpose by the municipality or The Long Island Rail Road Company, as
relevant, 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 police officer, from time to
time, for the purpose of providing medical, surgical or other treatment,
or for making inspections, and the municipality or The Long Island Rail
Road Company, as the case may be, shall not be liable for salary or
wages payable to such police 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 police
officer has recovered and is physically able to perform his or her
regular duties. Any injured or sick police 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 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 police officer, any such
advanced ambulance medical technician or any such detention officer.

* NB Effective until certain provisions provided in chapter 628 of
1991 § 7 have been met.

* 1. Any sheriff, undersheriff, deputy sheriff or corrections officer
of the sheriff's department of any county (hereinafter referred to as a
"police officer") or any member of a police force of any county, city of
less than one million population, town or village, or of any district,
agency, board, body or commission thereof, or a detective-investigator
or any other investigator who is a police officer pursuant to the
provisions of the criminal procedure law employed in the office of a
district attorney of any county, or any corrections officer of the
county of Erie department of corrections, or an advanced ambulance
medical technician employed by the county of Nassau, or any detention
officer employed by the city of Yonkers, or any supervising fire
inspector, fire inspector, fire marshal or assistant fire marshal
employed full-time in the county of Nassau fire marshal's office, or at
the option of the county of Nassau, any probation officer of the county
of Nassau 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 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 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 municipal health authorities
or any physician appointed for the purpose by the municipality, 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 police officer, from time to time, for the
purpose of providing medical, surgical or other treatment, or for making
inspections and the municipality shall not be liable for salary or wages
payable to such police 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 police officer has
recovered and is physically able to perform his or her regular duties.
Any injured or sick police 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 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 police officer, a member of a
police force of any county, city, any such advanced ambulance medical
technician, any such detention officer or any such
detective-investigator or any other such investigator who is a police
officer pursuant to the provisions of the criminal procedure law.

* NB Effective when certain provisions provided in chapter 628 of 1991
§ 7 have been met

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 police officer 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 police officer 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. If application for such retirement
allowance or pension is not made by such police officer, application
therefor may be made by the head of the police force or as otherwise
provided by the chief executive officer or local legislative body of the
municipality by which such police officer is employed.

3. If such a police 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
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 police officer 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 police 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 municipal officials may transfer such a police
officer to a position in another agency or department where they are
able to do so pursuant to applicable civil service requirements and
provided the police officer shall consent thereto.

* NB Effective until certain provisions provided in chapter 628 of
1991 § 7 have been met

* 4. The appropriate municipal or The Long Island Rail Road Company
officials may transfer a police officer to a position in another agency
or department where they are able to do so pursuant to applicable civil
service or The Long Island Rail Road Company requirements and provided
the police officer shall consent thereto.

* NB Effective when certain provisions provided in chapter 628 of 1991
§ 7 have been met

5. If such a police 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
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
police officer is transferred to another position pursuant to
subdivision four of this section or 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 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 contrary thereto contained
herein or elsewhere, a cause of action shall accrue to the municipality
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 police officer shall have a cause of action for
the injury sustained or sickness caused by such third party.

* NB Effective until certain provisions provided in chapter 628 of
1991 § 7 have been met.

* 6. Notwithstanding any provision of law contrary thereto contained
herein or elsewhere, a cause of action shall accrue to the municipality
or The Long Island Rail Road Company 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 police officer
shall have a cause of action for the injury sustained or sickness caused
by such third party.

* NB Effective when certain provisions provided in chapter 628 of 1991
§ 7 have been met