PRIOR PRINTER'S NO. 186 PRINTER'S NO. 2908
No. 167 Session of 1989
INTRODUCED BY MAYERNIK, LEVDANSKY, McCALL, DeLUCA, OLASZ,
PETRONE, D. R. WRIGHT, PETRARCA, HAYDEN, PISTELLA, VEON,
DOMBROWSKI, HUGHES, FREEMAN, JOSEPHS, KENNEY, RAYMOND,
GRUITZA, CORRIGAN, MAINE, COLAIZZO, EVANS, J. TAYLOR, CESSAR,
PERZEL, DeWEESE, LAUGHLIN AND FOX, JANUARY 31, 1989
AS RE-REPORTED FROM COMMITTEE ON APPROPRIATIONS, HOUSE OF
REPRESENTATIVES, AS AMENDED, DECEMBER 12, 1989
AN ACT
1 Amending the act of December 8, 1959 (P.L.1718, No.632),
2 entitled, as amended, "An act providing for the payment of
3 the salary, medical and hospital expenses of employes of
4 State penal and correctional institutions, State mental
5 hospitals, Youth Development Centers, County Boards of
6 Assistance, and under certain conditions other employes of
7 the Department of Public Welfare, who are injured in the
8 performance of their duties; and providing benefit to their
9 widows and dependents in certain cases," further providing
10 for salary and benefit payments; and making an editorial
11 change.
12 The General Assembly of the Commonwealth of Pennsylvania
13 hereby enacts as follows:
14 Section 1. Section 1 of the act of December 8, 1959
15 (P.L.1718, No.632), entitled, as amended, "An act providing for
16 the payment of the salary, medical and hospital expenses of
17 employes of State penal and correctional institutions, State
18 mental hospitals, Youth Development Centers, County Boards of
19 Assistance, and under certain conditions other employes of the
20 Department of Public Welfare, who are injured in the performance
1 of their duties; and providing benefit to their widows and
2 dependents in certain cases," amended September 2, 1961
3 (P.L.1224, No.534), is amended to read:
4 Section 1. (A) Any employe of a State penal or correctional <--
5 institution under the [Bureau of Correction of the Department of
6 Justice] Department of Corrections and any employe of a State
7 mental hospital or Youth Development Center under the Department
8 of Public Welfare, who is injured during the course of his
9 employment by an act of any inmate or any person confined in
10 such institution or by any person who has been committed to such
11 institution by any court of the Commonwealth of Pennsylvania or
12 by any provision of the "Mental Health Act" and any employe of
13 County Boards of Assistance injured by act of an applicant for
14 or recipient of public assistance and any employe of the
15 Department of Public Welfare who has been assigned to or who has
16 volunteered to join the fire fighting force of any institution
17 of the Department of Public Welfare injured while carrying out
18 fire fighting duties, shall be paid, by the Commonwealth of
19 Pennsylvania, his full salary, until the disability arising
20 therefrom no longer prevents his return as an employe of such
21 department, board or institution at a salary [equal to that
22 earned by him at the time of his injury], including raises and
23 benefits, that he reasonably would expect to receive had he not
24 been injured.
25 (B) All medical and hospital expenses incurred in connection <--
26 with any such injury shall be paid by the Commonwealth of
27 Pennsylvania until the disability arising from such injury no
28 longer prevents his return as an employe of such department,
29 board or institution [at a salary equal to that earned by him at
30 the time of his injury].
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1 (C) During the time salary for such disability shall be paid <--
2 by the Commonwealth of Pennsylvania any workmen's compensation
3 received or collected for such period shall be turned over to
4 the Commonwealth and paid into the General Fund, and if such
5 payment shall not be so made, the amount so due the Commonwealth
6 shall be deducted from any salary then or thereafter becoming
7 due and owing.
8 (D) The widow or widower and minor dependents of any employe <--
9 who dies [within one year] as a result of such injuries shall be
10 paid benefits equal to [fifty] one hundred per cent of the full
11 salary of the deceased employe.
12 (E) When a widow or widower and minor dependents not in his <--
13 or her custody are entitled to payments, one-half of such
14 payments shall be paid to the widow or widower and one-half to
15 the dependents. In every case the amount payable to minor
16 dependents shall be divided equally among them and be paid to
17 the persons or institutions having custody of them.
18 (F) In the case of a widow [or a widow with minor dependents <--
19 in her custody] or widower, such benefits shall terminate when
20 such widow or widower remarries or reaches sixty-five years of
21 age. In the case of minor dependents, [except when in the
22 custody of a remarried widow,] such benefits shall terminate
23 when all of the minor dependents become eighteen years of age.
24 Neither a widow, widower nor minor dependents shall receive any
25 benefits under this act while receiving benefits under the
26 Federal Social Security Law. The benefits provided by this act
27 shall be reduced by the amount of any workmen's compensation
28 benefits received or collected by any such widow, widower or
29 minor dependents because of the same injury. Payments for the
30 benefit of minor dependents shall be made to the person having
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1 legal custody of them.
2 SECTION 2. THE AMENDMENT TO SECTION 1(A) OF THE ACT AS <--
3 RELATES TO RAISES AND BENEFITS SHALL APPLY PROSPECTIVELY ONLY
4 AND SHALL NOT BE RETROACTIVE.
5 Section 2 3. This act shall take effect immediately. <--
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