PRINTER'S NO. 988
No. 885 Session of 1999
INTRODUCED BY GREENLEAF, BOSCOLA, COSTA, LEMMOND, MUSTO, O'PAKE,
RHOADES AND TOMLINSON, APRIL 28, 1999
REFERRED TO LABOR AND INDUSTRY, APRIL 28, 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 members of the
18 Delaware River Port Authority Police and of policemen,
19 firemen and park guards by the Commonwealth of Pennsylvania,
20 the Delaware River Port Authority, counties, cities,
21 boroughs, towns and townships, who are injured or contract
22 certain diseases in the performance of their duty; and
23 providing that absence during such injury shall not reduce
24 any usual sick leave period," including sheriffs and deputy
25 sheriffs; and making an editorial change.
26 The General Assembly of the Commonwealth of Pennsylvania
27 hereby enacts as follows:
28 Section 1. The title and section 1 of the act of June 28,
29 1935 (P.L.477, No.193), referred to as the Enforcement Officer
1 Disability Benefits Law, amended December 19, 1996 (P.L.1438,
2 No.183), are amended to read:
3 AN ACT
4 Providing for the payment of the salary, medical and hospital
5 expenses of members of the State Police Force, of the
6 enforcement officers and investigators employed by the
7 Pennsylvania Liquor Control Board, and the parole agents,
8 enforcement officers and investigators of the Pennsylvania
9 Board of Probation and Parole, Capitol Police officers,
10 correction officers employed by the Department of Corrections
11 whose principal duty is the care, custody and control of
12 inmates, psychiatric security aides employed by the
13 Department of Public Welfare and the Department of
14 Corrections whose principal duty is the care, custody, and
15 control of the criminally insane, drug enforcement agents of
16 the Office of Attorney General whose principal duty is the
17 enforcement of the drug laws of the Commonwealth, special
18 agents of the Office of Attorney General whose principal duty
19 is the enforcement of the criminal laws of the Commonwealth,
20 members of the Delaware River Port Authority Police and of
21 [policemen, firemen] police officers, firefighters and park
22 guards by the Commonwealth of Pennsylvania, the Delaware
23 River Port Authority, counties, cities, boroughs, towns and
24 townships, or sheriffs and deputy sheriffs of any county, who
25 are injured or contract certain diseases in the performance
26 of their duty; and providing that absence during such injury
27 shall not reduce any usual sick leave period.
28 Section 1. (a) Be it enacted, &c., That any member of the
29 State Police Force, any enforcement officer or investigator
30 employed by the Pennsylvania Liquor Control Board, and the
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1 parole agents, enforcement officers and investigators of the
2 Pennsylvania Board of Probation and Parole, Capitol Police
3 officers, correction officers employed by the Department of
4 Corrections, whose principal duty is the care, custody and
5 control of inmates, psychiatric security aides employed by the
6 Department of Public Welfare and the Department of Corrections,
7 whose 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, any member of the Delaware
13 River Port Authority Police or any [policeman, fireman] police
14 officer, firefighter or park guard of any county, city, borough,
15 town or township, or sheriff and deputy sheriff of any county,
16 who is injured in the performance of his duties including, in
17 the case of [firemen] firefighters, duty as special fire police,
18 and by reason thereof is temporarily incapacitated from
19 performing his duties, shall be paid by the Commonwealth of
20 Pennsylvania if a member of the State Police Force or an
21 enforcement officer or investigator employed by the Pennsylvania
22 Liquor Control Board or the parole agents, enforcement officers
23 and investigators of the Pennsylvania Board of Probation and
24 Parole, Capitol Police officers, correction officers employed by
25 the Department of Corrections, whose principal duty is the care,
26 custody and control of inmates, psychiatric security aides
27 employed by the Department of Public Welfare and the Department
28 of Corrections, whose principal duty is the care, custody, and
29 control of the criminally insane, drug enforcement agents of the
30 Office of Attorney General whose principal duty is the
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1 enforcement of the drug laws of the Commonwealth, special agents
2 of the Office of Attorney General whose principal duty is the
3 enforcement of the criminal laws of the Commonwealth, or by the
4 Delaware River Port Authority if a member of the Delaware River
5 Port Authority Police or by the county, township or
6 municipality, by which he is employed, his full rate of salary,
7 as fixed by ordinance or resolution, until the disability
8 arising therefrom has ceased. All medical and hospital bills,
9 incurred in connection with any such injury, shall be paid by
10 the Commonwealth of Pennsylvania or by the Delaware River Port
11 Authority or by such county, township or municipality. During
12 the time salary for temporary incapacity shall be paid by the
13 Commonwealth of Pennsylvania or by the Delaware River Port
14 Authority or by the county, city, borough, town or township, any
15 workmen's compensation, received or collected by any such
16 employe for such period, shall be turned over to the
17 Commonwealth of Pennsylvania or to the Delaware River Port
18 Authority or to such county, city, borough, town or township,
19 and paid into the treasury thereof, and if such payment shall
20 not be so made by the employe the amount so due the Commonwealth
21 of Pennsylvania, the Delaware River Port Authority or the
22 county, city, borough, town or township shall be deducted from
23 any salary then or thereafter becoming due and owing.
24 (b) In the case of the State Police Force, enforcement
25 officers and investigators employed by the Pennsylvania Liquor
26 Control Board and the parole agents, enforcement officers and
27 investigators of the Pennsylvania Board of Probation and Parole,
28 Capitol Police officers, correction officers employed by the
29 Department of Corrections, whose principal duty is the care,
30 custody and control of inmates, psychiatric security aides
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1 employed by the Department of Public Welfare and the Department
2 of Corrections whose principal duty is the care, custody, and
3 control of the criminally insane, drug enforcement agents of the
4 Office of Attorney General whose principal duty is the
5 enforcement of the drug laws of the Commonwealth, special agents
6 of the Office of Attorney General whose principal duty is the
7 enforcement of the criminal laws of the Commonwealth, members of
8 the Delaware River Port Authority Police and salaried [policemen
9 and firemen] police officers, firefighters, sheriffs and deputy
10 sheriffs who have served for four consecutive years or longer,
11 diseases of the heart and tuberculosis of the respiratory
12 system, contracted or incurred by any of them after four years
13 of continuous service as such, and caused by extreme
14 overexertion in times of stress or danger or by exposure to
15 heat, smoke, fumes or gases, arising directly out of the
16 employment of any such member of the State Police Force,
17 enforcement officer, investigator employed by the Pennsylvania
18 Liquor Control Board, guard or enforcement officer employed by
19 the Department of Corrections or parole agent, enforcement
20 officer or investigator of the Pennsylvania Board of Probation
21 and Parole, Capitol Police officers, correction officers
22 employed by the Department of Corrections whose principal duty
23 is the care, custody and control of inmates, psychiatric
24 security aides employed by the Department of Public Welfare and
25 the Department of Corrections whose principal duty is the care,
26 custody, and control of the criminally insane, drug enforcement
27 agents of the Office of Attorney General whose principal duty is
28 the enforcement of the drug laws of the Commonwealth, special
29 agents of the Office of Attorney General whose principal duty is
30 the enforcement of the criminal laws of the Commonwealth, member
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1 of the Delaware River Port Authority Police, or [policeman or
2 fireman] police officers, firefighters, sheriffs and deputy
3 sheriffs, shall be compensable in accordance with the terms
4 hereof; and unless any such disability shall be compensable
5 under the compensation laws as having been caused by accidental
6 injury, such disability shall be compensable as occupational
7 disease disabilities are presently compensable under the
8 compensation laws of this Commonwealth. It shall be presumed
9 that tuberculosis of the respiratory system contracted or
10 incurred after four consecutive years of service was contracted
11 or incurred as a direct result of employment.
12 (c) In the case of any person receiving benefits pursuant to
13 this act, the statutes of limitations set forth in sections
14 306.1, 315, 413, and 434 of the act of June 2, 1915 (P.L.736,
15 No.338), known as ["The Pennsylvania Workmen's Compensation
16 Act,"] the "Workers' Compensation Act," shall not begin to run
17 until the expiration of the receipt of benefits pursuant to this
18 act.
19 (d) All payments herein required to be made by the
20 Commonwealth of Pennsylvania on account of any member of the
21 State Police Force shall be made from moneys appropriated to the
22 Pennsylvania State Police, and any payments required to be made
23 on account of any enforcement officer or investigator employed
24 by the Pennsylvania Liquor Control Board shall be from
25 appropriations out of the State Stores Fund, any payments
26 required to be made on account of any parole agent, enforcement
27 officer or investigator employed by the Pennsylvania Board of
28 Probation and Parole shall be from moneys appropriated to the
29 Pennsylvania Board of Probation and Parole, any payments
30 required to be made on account of Capitol Police officers shall
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1 be made from moneys appropriated to the Department of General
2 Services, any payments required to be made on account of any
3 correction officer shall be made from moneys appropriated to the
4 Department of Corrections, any payments required to be made on
5 account of any psychiatric security aides shall be made from
6 moneys appropriated to the Department of Public Welfare or the
7 Department of Corrections where appropriate, and any payments
8 required to be made on account of any drug enforcement agent or
9 special agents shall be made from moneys appropriated to the
10 Office of Attorney General.
11 Section 2. Section 2 of the act is amended to read:
12 Section 2. No absence from duty of any such [policeman or
13 fireman] police officer, firefighter, or sheriff and deputy
14 sheriff by reason of any such injury shall in any manner be
15 included in any period of sick leave, allowed such [policeman or
16 fireman] police officer, firefighter, sheriff and deputy sheriff
17 by law or by regulation of the sheriff, police or fire
18 department by which [he is] they are employed.
19 Section 3. This act shall take effect in 60 days.
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