PRINTER'S NO. 1248
No. 1100 Session of 1999
INTRODUCED BY LYNCH, ADOLPH, BAKER, BARRAR, BASTIAN, BELARDI,
BELFANTI, CASORIO, CIVERA, M. COHEN, CURRY, DALEY, DALLY,
DONATUCCI, FLICK, GEORGE, GIGLIOTTI, HARHAI, HENNESSEY,
HERMAN, HUTCHINSON, JAMES, KENNEY, LaGROTTA, LAUGHLIN, MAJOR,
MANDERINO, MARSICO, MAYERNIK, McCALL, McNAUGHTON, MUNDY,
MYERS, NAILOR, O'BRIEN, PESCI, PETRARCA, RAMOS, READSHAW,
RUBLEY, SAINATO, SEYFERT, SOLOBAY, STABACK, STEELMAN, SURRA,
E. Z. TAYLOR, THOMAS, TRAVAGLIO, TRELLO, TRUE, WILT, WOGAN,
WOJNAROSKI AND YOUNGBLOOD, MARCH 25, 1999
REFERRED TO COMMITTEE ON JUDICIARY, MARCH 25, 1999
AN ACT
1 Amending the act of June 28, 1935 (P.L.477, No.193), entitled,
2 as amended, "An act providing for the payment of the salary,
3 medical and hospital expenses of members of the State Police
4 Force, of the enforcement officers and investigators employed
5 by the Pennsylvania Liquor Control Board, and the parole
6 agents, enforcement officers and investigators of the
7 Pennsylvania Board of Probation and Parole, Capitol Police
8 officers, correction officers employed by the Department of
9 Corrections whose principal duty is the care, custody and
10 control of inmates, psychiatric security aides employed by
11 the Department of Public Welfare and the Department of
12 Corrections whose principal duty is the care, custody, and
13 control of the criminally insane, drug enforcement agents of
14 the Office of Attorney General whose principal duty is the
15 enforcement of the drug laws of the Commonwealth, special
16 agents of the Office of Attorney General whose principal duty
17 is the enforcement of the criminal laws of the Commonwealth,
18 members of the Delaware River Port Authority Police and of
19 policemen, firemen and park guards by the Commonwealth of
20 Pennsylvania, the Delaware River Port Authority, counties,
21 cities, boroughs, towns and townships, who are injured or
22 contract certain diseases in the performance of their duty;
23 and providing that absence during such injury shall not
24 reduce any usual sick leave period," extending benefits to
25 county sheriffs and deputy sheriffs and to certain employees
26 of the Bureau of Forestry in the Department of Conservation
27 and Natural Resources.
1 The General Assembly of the Commonwealth of Pennsylvania
2 hereby enacts as follows:
3 Section 1. The title and section 1 of the act of June 28,
4 1935 (P.L.477, No.193), referred to as the Enforcement Officer
5 Disability Benefits Law, amended December 19, 1996 (P.L.1438
6 No.183), are amended to read:
7 AN ACT
8 Providing for the payment of the salary, medical and hospital
9 expenses of members of the State Police Force, of the
10 enforcement officers and investigators employed by the
11 Pennsylvania Liquor Control Board, and the parole agents,
12 enforcement officers and investigators of the Pennsylvania
13 Board of Probation and Parole, Capitol Police officers,
14 correction officers employed by the Department of Corrections
15 whose principal duty is the care, custody and control of
16 inmates, psychiatric security aides employed by the
17 Department of Public Welfare and the Department of
18 Corrections whose principal duty is the care, custody, and
19 control of the criminally insane, drug enforcement agents of
20 the Office of Attorney General whose principal duty is the
21 enforcement of the drug laws of the Commonwealth, special
22 agents of the Office of Attorney General whose principal duty
23 is the enforcement of the criminal laws of the Commonwealth,
24 forest fire specialist supervisors employed by the Bureau of
25 Forestry in the Department of Conservation and Natural
26 Resources, members of the Delaware River Port Authority
27 Police and of policemen, county sheriffs and deputy sheriffs,
28 firemen and park guards by the Commonwealth of Pennsylvania,
29 the Delaware River Port Authority, counties, cities,
30 boroughs, towns and townships, who are injured or contract
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1 certain diseases in the performance of their duty; and
2 providing that absence during such injury shall not reduce
3 any usual sick leave period.
4 Section 1. (a) Be it enacted, &c., That any member of the
5 State Police Force, any enforcement officer or investigator
6 employed by the Pennsylvania Liquor Control Board, and the
7 parole agents, enforcement officers and investigators of the
8 Pennsylvania Board of Probation and Parole, Capitol Police
9 officers, correction officers employed by the Department of
10 Corrections, whose principal duty is the care, custody and
11 control of inmates, psychiatric security aides employed by the
12 Department of Public Welfare and the Department of Corrections,
13 whose principal duty is the care, custody, and control of the
14 criminally insane, drug enforcement agents of the Office of
15 Attorney General whose principal duty is the enforcement of the
16 drug laws of the Commonwealth, special agents of the Office of
17 Attorney General whose principal duty is the enforcement of the
18 criminal laws of the Commonwealth, forest fire specialist
19 supervisors employed by the Bureau of Forestry in the Department
20 of Conservation and Natural Resources, any member of the
21 Delaware River Port Authority Police or any policeman, county
22 sheriff or deputy sheriff, fireman or park guard of any county,
23 city, borough, town or township, who is injured in the
24 performance of his duties including, in the case of firemen,
25 duty as special fire police, and by reason thereof is
26 temporarily incapacitated from performing his duties, shall be
27 paid by the Commonwealth of Pennsylvania if a member of the
28 State Police Force or an enforcement officer or investigator
29 employed by the Pennsylvania Liquor Control Board or the parole
30 agents, enforcement officers and investigators of the
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1 Pennsylvania Board of Probation and Parole, Capitol Police
2 officers, correction officers employed by the Department of
3 Corrections, whose principal duty is the care, custody and
4 control of inmates, psychiatric security aides employed by the
5 Department of Public Welfare and the Department of Corrections,
6 whose principal duty is the care, custody, and control of the
7 criminally insane, drug enforcement agents of the Office of
8 Attorney General whose principal duty is the enforcement of the
9 drug laws of the Commonwealth, special agents of the Office of
10 Attorney General whose principal duty is the enforcement of the
11 criminal laws of the Commonwealth, forest fire specialist
12 supervisors employed by the Bureau of Forestry in the Department
13 of Conservation and Natural Resources or by the Delaware River
14 Port Authority if a member of the Delaware River Port Authority
15 Police or by the county, township or municipality, by which he
16 is employed, his full rate of salary, as fixed by ordinance or
17 resolution, until the disability arising therefrom has ceased.
18 All medical and hospital bills, incurred in connection with any
19 such injury, shall be paid by the Commonwealth of Pennsylvania
20 or by the Delaware River Port Authority or by such county,
21 township or municipality. During the time salary for temporary
22 incapacity shall be paid by the Commonwealth of Pennsylvania or
23 by the Delaware River Port Authority or by the county, city,
24 borough, town or township, any workmen's compensation, received
25 or collected by any such employe for such period, shall be
26 turned over to the Commonwealth of Pennsylvania or to the
27 Delaware River Port Authority or to such county, city, borough,
28 town or township, and paid into the treasury thereof, and if
29 such payment shall not be so made by the employe the amount so
30 due the Commonwealth of Pennsylvania, the Delaware River Port
19990H1100B1248 - 4 -
1 Authority or the county, city, borough, town or township shall
2 be deducted from any salary then or thereafter becoming due and
3 owing.
4 (b) In the case of the State Police Force, enforcement
5 officers and investigators employed by the Pennsylvania Liquor
6 Control Board and the parole agents, enforcement officers and
7 investigators of the Pennsylvania Board of Probation and Parole,
8 Capitol Police officers, correction officers employed by the
9 Department of Corrections, whose principal duty is the care,
10 custody and control of inmates, psychiatric security aides
11 employed by the Department of Public Welfare and the Department
12 of Corrections whose principal duty is the care, custody, and
13 control of the criminally insane, drug enforcement agents of the
14 Office of Attorney General whose principal duty is the
15 enforcement of the drug laws of the Commonwealth, special agents
16 of the Office of Attorney General whose principal duty is the
17 enforcement of the criminal laws of the Commonwealth, forest
18 fire specialist supervisors employed by the Bureau of Forestry
19 in the Department of Conservation and Natural Resources, members
20 of the Delaware River Port Authority Police and salaried
21 policemen, county sheriffs and deputy sheriffs and firemen who
22 have served for four consecutive years or longer, diseases of
23 the heart and tuberculosis of the respiratory system, contracted
24 or incurred by any of them after four years of continuous
25 service as such, and caused by extreme overexertion in times of
26 stress or danger or by exposure to heat, smoke, fumes or gases,
27 arising directly out of the employment of any such member of the
28 State Police Force, enforcement officer, investigator employed
29 by the Pennsylvania Liquor Control Board, guard or enforcement
30 officer employed by the Department of Corrections or parole
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1 agent, enforcement officer or investigator of the Pennsylvania
2 Board of Probation and Parole, Capitol Police officers,
3 correction officers employed by the Department of Corrections
4 whose principal duty is the care, custody and control of
5 inmates, psychiatric security aides employed by the Department
6 of Public Welfare and the Department of Corrections whose
7 principal duty is the care, custody, and control of the
8 criminally insane, drug enforcement agents of the Office of
9 Attorney General whose principal duty is the enforcement of the
10 drug laws of the Commonwealth, special agents of the Office of
11 Attorney General whose principal duty is the enforcement of the
12 criminal laws of the Commonwealth, forest fire specialist
13 supervisors employed by the Bureau of Forestry in the Department
14 of Conservation and Natural Resources, member of the Delaware
15 River Port Authority Police, or policeman, county sheriff or
16 deputy sheriff or fireman, shall be compensable in accordance
17 with the terms hereof; and unless any such disability shall be
18 compensable under the compensation laws as having been caused by
19 accidental injury, such disability shall be compensable as
20 occupational disease disabilities are presently compensable
21 under the compensation laws of this Commonwealth. It shall be
22 presumed that tuberculosis of the respiratory system contracted
23 or incurred after four consecutive years of service was
24 contracted or incurred as a direct result of employment.
25 (c) In the case of any person receiving benefits pursuant to
26 this act, the statutes of limitations set forth in sections
27 306.1, 315, 413, and 434 of the act of June 2, 1915 (P.L.736,
28 No.338), known as "The Pennsylvania Workmen's Compensation Act,"
29 shall not begin to run until the expiration of the receipt of
30 benefits pursuant to this act.
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1 (d) All payments herein required to be made by the
2 Commonwealth of Pennsylvania on account of any member of the
3 State Police Force shall be made from moneys appropriated to the
4 Pennsylvania State Police, and any payments required to be made
5 on account of any enforcement officer or investigator employed
6 by the Pennsylvania Liquor Control Board shall be from
7 appropriations out of the State Stores Fund, any payments
8 required to be made on account of any parole agent, enforcement
9 officer or investigator employed by the Pennsylvania Board of
10 Probation and Parole shall be from moneys appropriated to the
11 Pennsylvania Board of Probation and Parole, any payments
12 required to be made on account of Capitol Police officers shall
13 be made from moneys appropriated to the Department of General
14 Services, any payments required to be made on account of any
15 correction officer shall be made from moneys appropriated to the
16 Department of Corrections, any payments required to be made on
17 account of any psychiatric security aides shall be made from
18 moneys appropriated to the Department of Public Welfare or the
19 Department of Corrections where appropriate, [and] any payments
20 required to be made on account of any drug enforcement agent or
21 special agents shall be made from moneys appropriated to the
22 Office of Attorney General; and any payments required to be made
23 on account of any forest fire specialist supervisor employed by
24 the Bureau of Forestry in the Department of Conservation and
25 Natural Resources shall be made from moneys appropriated to the
26 Department of Conservation and Natural Resources.
27 Section 2. This act shall take effect immediately.
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