PRINTER'S NO. 377
No. 340 Session of 1975
INTRODUCED BY SHUPNIK, WARGO, MUSTO, USTYNOSKI AND WANSACZ,
FEBRUARY 10, 1975
REFERRED TO COMMITTEE ON JUDICIARY, FEBRUARY 10, 1975
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 Parole, members of the Delaware River
8 Port Authority Police and of policemen, firemen and park
9 guards by the Commonwealth of Pennsylvania, the Delaware
10 River Port Authority, counties, cities, boroughs, towns and
11 townships, who are injured in the performance of their duty;
12 and providing that absence during such injury shall not
13 reduce any usual sick leave period," including employes of
14 State penal and correctional institutions under certain
15 provisions of the act.
16 The General Assembly of the Commonwealth of Pennsylvania
17 hereby enacts as follows:
18 Section 1. The title and subsections (b) and (d) of section
19 1, act of June 28, 1935 (P.L.477, No.193), entitled, as amended,
20 "An act providing for the payment of the salary, medical and
21 hospital expenses of members of the State Police Force, of the
22 enforcement officers and investigators employed by the
23 Pennsylvania Liquor Control Board, and the parole agents,
24 enforcement officers and investigators of the Pennsylvania Board
1 of Parole, members of the Delaware River Port Authority Police
2 and of policemen, firemen and park guards by the Commonwealth of
3 Pennsylvania, the Delaware River Port Authority, counties,
4 cities, boroughs, towns and townships, who are injured in the
5 performance of their duty; and providing that absence during
6 such injury shall not reduce any usual sick leave period," the
7 title amended July 25, 1961 (P.L.867, No.374), and subsections
8 (b) and (d) of section 1 amended May 31, 1974 (No.99), are
9 amended to read:
10 AN ACT
11 Providing for the payment of the salary, medical and hospital
12 expenses of members of the State Police Force, of the
13 enforcement officers and investigators employed by the
14 Pennsylvania Liquor Control Board, of the guards and
15 enforcement officers employed by the Bureau of Correction in
16 State penal and correctional institutions, and the parole
17 agents, enforcement officers and investigators of the
18 Pennsylvania Board of Parole, members of the Delaware River
19 Port Authority Police and of policemen, firemen and park
20 guards by the Commonwealth of Pennsylvania, the Delaware
21 River Port Authority, counties, cities, boroughs, towns and
22 townships, who are injured or contract certain diseases in
23 the performance of their duty; and providing that absence
24 during such injury shall not reduce any usual sick leave
25 period.
26 Section 1. * * *
27 (b) In the case of the State Police Force, enforcement
28 officers and investigators employed by the Pennsylvania Liquor
29 Control Board guards and enforcement officers employed by the
30 Bureau of Correction in State penal and correctional
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1 institutions and the parole agents, enforcement officers and
2 investigators of the Pennsylvania Board of Parole, members of
3 the Delaware River Port Authority Police and salaried policemen
4 and firemen who have served for four consecutive years or
5 longer, diseases of the heart and tuberculosis of the
6 respiratory system, contracted or incurred by any of them after
7 four years of continuous service as such, and caused by extreme
8 overexertion in times of stress or danger or by exposure to
9 heat, smoke, fumes or gases, arising directly out of the
10 employment of any such member of the State Police Force,
11 enforcement officer [investigator] or investigator employed by
12 the Pennsylvania Liquor Control Board, guard or enforcement
13 officer employed by the Bureau of Correction or parole agent,
14 enforcement officer or investigator of the Pennsylvania Board of
15 Parole, member of the Delaware River Port Authority Police, or
16 policeman or fireman, shall be compensable in accordance with
17 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 * * *
26 (d) All payments herein required to be made by the
27 Commonwealth of Pennsylvania on account of any member of the
28 State Police Force shall be made from moneys appropriated to the
29 Pennsylvania State Police, and any payments required to be made
30 on account of any enforcement officer or investigator employed
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1 by the Pennsylvania Liquor Control Board shall be from
2 appropriations out of the State Stores Fund, and any payments
3 required to be made on account of any guard or enforcement
4 officer employed by the Bureau of Correction shall be from
5 moneys appropriated to the Department of Justice, and any
6 payments required to be made on account of any parole agent,
7 enforcement officer or investigator employed by the Pennsylvania
8 Board of Parole shall be from moneys appropriated to the
9 Pennsylvania Board of Parole.
10 Section 2. For the purposes of this act, four years of
11 consecutive or continuous service shall include service rendered
12 prior to the effective date of this act.
13 Section 3. This act shall take effect immediately.
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