PRINTER'S NO. 695
No. 629 Session of 1977
INTRODUCED BY SHUPNIK, WARGO, RHODES, WANSACZ AND MUSTO,
MARCH 16, 1977
REFERRED TO COMMITTEE ON LABOR RELATIONS, MARCH 16, 1977
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," extending benefits to
14 certain employes of the Bureau of Corrections and Department
15 of Public Welfare and to county prison guards.
16 The General Assembly of the Commonwealth of Pennsylvania
17 hereby enacts as follows:
18 Section 1. The title, act of June 28, 1935 (P.L.477,
19 No.193), entitled, as amended, "An act providing for the payment
20 of the salary, medical and hospital expenses of members of the
21 State Police Force, of the enforcement officers and
22 investigators employed by the Pennsylvania Liquor Control Board,
23 and the parole agents, enforcement officers and investigators of
24 the Pennsylvania Board of Parole, members of the Delaware River
1 Port Authority Police and of policemen, firemen and park guards
2 by the Commonwealth of Pennsylvania, the Delaware River Port
3 Authority, counties, cities, boroughs, towns and townships, who
4 are injured in the performance of their duty; and providing that
5 absence during such injury shall not reduce any usual sick leave
6 period," amended July 25, 1961 (P.L.867, No.374), is amended to
7 read:
8 AN ACT
9 Providing for the payment of the salary, medical and hospital
10 expenses of members of the State Police Force, of the
11 enforcement officers and investigators employed by the
12 Pennsylvania Liquor Control Board, and the parole agents,
13 enforcement officers and investigators of the Pennsylvania
14 Board of Probation and Parole, correction officers employed
15 by the Bureau of Corrections whose principal duty is the
16 care, custody and control of inmates, psychiatric security
17 aides employed by the Department of Public Welfare and the
18 Bureau of Corrections whose principal duty is the care,
19 custody, and control of the criminally insane, and drug
20 enforcement agents of the Department of Justice whose
21 principal duty is the enforcement of the drug laws of the
22 Commonwealth, members of the Delaware River Port Authority
23 Police and of policemen, firemen and park guards by the
24 Commonwealth of Pennsylvania, the Delaware River Port
25 Authority, counties, cities, boroughs, towns and townships,
26 who are injured or contract certain diseases in the
27 performance of their duty; and providing that absence during
28 such injury shall not reduce any usual sick leave period.
29 Section 2. Section 1 of the act, amended May 31, 1974
30 (P.L.309, No.99), is amended to read:
19770H0629B0695 - 2 -
1 Section 1. (a) Be it enacted, &c., That any member of the
2 State Police Force, any enforcement officer or investigator
3 employed by the Pennsylvania Liquor Control Board, and the
4 parole agents, enforcement officers and investigators of the
5 Pennsylvania Board of Probation and Parole, correction officers
6 employed by the Bureau of Corrections, whose principal duty is
7 the care, custody and control of inmates, psychiatric security
8 aides employed by the Department of Public Welfare and the
9 Bureau of Corrections, whose principal duty is the care,
10 custody, and control of the criminally insane, and drug
11 enforcement agents of the Department of Justice whose principal
12 duty is the enforcement of the drug laws of the Commonwealth,
13 any member of the Delaware River Port Authority Police or any
14 policeman, fireman or park guard of any county, city, borough,
15 town or township, who is injured in the performance of his
16 duties including, in the case of firemen, duty as special fire
17 police, and by reason thereof is temporarily incapacitated from
18 performing his duties, shall be paid by the Commonwealth of
19 Pennsylvania if a member of the State Police Force or an
20 enforcement officer or investigator employed by the Pennsylvania
21 Liquor Control Board or the parole agents, enforcement officers
22 and investigators of the Pennsylvania Board of Probation and
23 Parole, correction officers employed by the Bureau of
24 Corrections, whose principal duty is the care, custody and
25 control of inmates, psychiatric security aides employed by the
26 Department of Public Welfare and the Bureau of Corrections,
27 whose principal duty is the care, custody, and control of the
28 criminally insane, and drug enforcement agents of the Department
29 of Justice whose principal duty is the enforcement of the drug
30 laws of the Commonwealth, or by the Delaware River Port
19770H0629B0695 - 3 -
1 Authority if a member of the Delaware River Port Authority
2 Police or by the county, township or municipality, by which he
3 is employed, his full rate of salary, as fixed by ordinance or
4 resolution, until the disability arising therefrom has ceased.
5 All medical and hospital bills, incurred in connection with any
6 such injury, shall be paid by the Commonwealth of Pennsylvania
7 or by the Delaware River Port Authority or by such county,
8 township or municipality. During the time salary for temporary
9 incapacity shall be paid by the Commonwealth of Pennsylvania or
10 by the Delaware River Port Authority or by the county, city,
11 borough, town or township, any workmen's compensation, received
12 or collected by any such employe for such period, shall be
13 turned over to the Commonwealth of Pennsylvania or to the
14 Delaware River Port Authority or to such county, city, borough,
15 town or township, and paid into the treasury thereof, and if
16 such payment shall not be so made by the employe the amount so
17 due the Commonwealth of Pennsylvania, the Delaware River Port
18 Authority or the county, city, borough, town or township shall
19 be deducted from any salary then or thereafter becoming due and
20 owing.
21 (b) In the case of the State Police Force, enforcement
22 officers and investigators employed by the Pennsylvania Liquor
23 Control Board and the parole agents, enforcement officers and
24 investigators of the Pennsylvania Board of Probation and Parole,
25 correction officers employed by the Bureau of Corrections, whose
26 principal duty is the care, custody and control of inmates,
27 psychiatric security aides employed by the Department of Public
28 Welfare and the Bureau of Corrections whose principal duty is
29 the care, custody, and control of the criminally insane, and
30 drug enforcement agents of the Department of Justice whose
19770H0629B0695 - 4 -
1 principal duty is the enforcement of the drug laws of the
2 Commonwealth, members of the Delaware River Port Authority
3 Police and salaried policemen and firemen who have served for
4 four consecutive years or longer, diseases of the heart and
5 tuberculosis of the respiratory system, contracted or incurred
6 by any of them after four years of continuous service as such,
7 and caused by extreme overexertion in times of stress or danger
8 or by exposure to heat, smoke, fumes or gases, arising directly
9 out of the employment of any such member of the State Police
10 Force, enforcement officer, investigator employed by the
11 Pennsylvania Liquor Control Board, guard or enforcement officer
12 employed by the Bureau of Corrections or parole agent,
13 enforcement officer or investigator of the Pennsylvania Board of
14 Probation and Parole, correction officers employed by the Bureau
15 of Corrections whose principal duty is the care, custody and
16 control of inmates, psychiatric security aides employed by the
17 Department of Public Welfare and the Bureau of Corrections whose
18 principal duty is the care, custody, and control of the
19 criminally insane, and drug enforcement agents of the Department
20 of Justice whose principal duty is the enforcement of the drug
21 laws of the Commonwealth, member of the Delaware River Port
22 Authority Police, or policeman or fireman, shall be compensable
23 in accordance with the terms hereof; and unless any such
24 disability shall be compensable under the compensation laws as
25 having been caused by accidental injury, such disability shall
26 be compensable as occupational disease disabilities are
27 presently compensable under the compensation laws of this
28 Commonwealth. It shall be presumed that tuberculosis of the
29 respiratory system contracted or incurred after four consecutive
30 years of service was contracted or incurred as a direct result
19770H0629B0695 - 5 -
1 of employment.
2 (c) In the case of any person receiving benefits pursuant to
3 this act, the statutes of limitations set forth in sections
4 306.1, 315, 413, and 434 of the act of June 2, 1915 (P.L.736,
5 No.338), known as "The Pennsylvania Workmen's Compensation Act,"
6 shall not begin to run until the expiration of the receipt of
7 benefits pursuant to this act.
8 (d) All payments herein required to be made by the
9 Commonwealth of Pennsylvania on account of any member of the
10 State Police Force shall be made from moneys appropriated to the
11 Pennsylvania State Police, and any payments required to be made
12 on account of any enforcement officer or investigator employed
13 by the Pennsylvania Liquor Control Board shall be from
14 appropriations out of the State Stores Fund, [and] any payments
15 required to be made on account of any parole agent, enforcement
16 officer or investigator employed by the Pennsylvania Board of
17 Probation and Parole shall be from moneys appropriated to the
18 Pennsylvania Board of Probation and Parole, any payments
19 required to be made on account of any correction officer shall
20 be made from moneys appropriated to the Bureau of Corrections,
21 any payments required to be made on account of any psychiatric
22 security aides shall be made from moneys appropriated to the
23 Department of Public Welfare or the Bureau of Corrections where
24 appropriate, and any payments required to be made on account of
25 any drug enforcement agent shall be made from moneys
26 appropriated to the Department of Justice.
27 Section 3. For the purposes of this act, four years of
28 consecutive or continuous service shall include service rendered
29 prior to the effective date of this act.
30 Section 4. This act shall take effect immediately.
B23L65RZ/19770H0629B0695 - 6 -