PRINTER'S NO. 1222
No. 1051 Session of 1977
INTRODUCED BY REED, CIMINI, D. M. O'BRIEN, HAMILTON, GIAMMARCO,
ZITTERMAN, BROWN, JONES AND BORSKI, APRIL 27, 1977
REFERRED TO COMMITTEE ON JUDICIARY, APRIL 27, 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 the act to
14 include drug enforcement officers and investigators employed
15 by the Bureau of Drug Control of the Department of Justice.
16 The General Assembly of the Commonwealth of Pennsylvania
17 hereby enacts as follows:
18 Section 1. The title and section 1, act of June 28, 1935
19 (P.L.477, No.193), referred to as the Enforcement Officer
20 Disability Benefits Law, the title amended July 25, 1961
21 (P.L.867, No.374), and section 1 amended May 31, 1974 (P.L.309,
22 No.99), are amended to read:
23 AN ACT
24 Providing for the payment of the salary, medical and hospital
1 expenses of members of the State Police Force, of the
2 enforcement officers and investigators employed by the
3 Pennsylvania Liquor Control Board, drug enforcement officers
4 and investigators employed by the Bureau of Drug Control,
5 Pennsylvania Department of Justice, and the parole agents,
6 enforcement officers and investigators of the Pennsylvania
7 Board of Parole, members of the Delaware River Port Authority
8 Police and of policemen, firemen and park guards by the
9 Commonwealth of Pennsylvania, the Delaware River Port
10 Authority, counties, cities, boroughs, towns and townships,
11 who are injured in the performance of their duty; and
12 providing that absence during such injury shall not reduce
13 any usual sick leave period.
14 Section 1. (a) Be it enacted, &c., That any member of the
15 State Police Force, any enforcement officer or investigator
16 employed by the Pennsylvania Liquor Control Board, drug
17 enforcement officers and investigators employed by the Bureau of
18 Drug Control, Pennsylvania Department of Justice, and the parole
19 agents, enforcement officers and investigators of the
20 Pennsylvania Board of Parole, any member of the Delaware River
21 Port Authority Police or any policeman, fireman or park guard of
22 any county, city, borough, town or township, who is injured in
23 the performance of his duties including, in the case of firemen,
24 duty as special fire police, and by reason thereof is
25 temporarily incapacitated from performing his duties, shall be
26 paid by the Commonwealth of Pennsylvania if a member of the
27 State Police Force or an enforcement officer or investigator
28 employed by the Pennsylvania Liquor Control Board, drug
29 enforcement officers and investigators employed by the Bureau of
30 Drug Control, Pennsylvania Department of Justice or the parole
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1 agents, enforcement officers and investigators of the
2 Pennsylvania Board of Parole or by the Delaware River Port
3 Authority if a member of the Delaware River Port Authority
4 Police or by the county, township or municipality, by which he
5 is employed, his full rate of salary, as fixed by ordinance or
6 resolution, until the disability arising therefrom has ceased.
7 All medical and hospital bills, incurred in connection with any
8 such injury, shall be paid by the Commonwealth of Pennsylvania
9 or by the Delaware River Port Authority or by such county,
10 township or municipality. During the time salary for temporary
11 incapacity shall be paid by the Commonwealth of Pennsylvania or
12 by the Delaware River Port Authority or by the county, city,
13 borough, town or township, any workmen's compensation, received
14 or collected by any such employe for such period, shall be
15 turned over to the Commonwealth of Pennsylvania or to the
16 Delaware River Port Authority or to such county, city, borough,
17 town or township, and paid into the treasury thereof, and if
18 such payment shall not be so made by the employe the amount so
19 due the Commonwealth of Pennsylvania, the Delaware River Port
20 Authority or the county, city, borough, town or township shall
21 be deducted from any salary then or thereafter becoming due and
22 owing.
23 (b) In the case of the State Police Force, enforcement
24 officers and investigators employed by the Pennsylvania Liquor
25 Control Board, drug enforcement officers and investigators
26 employed by the Bureau of Drug Control, Pennsylvania Department
27 of Justice, and the parole agents, enforcement officers and
28 investigators of the Pennsylvania Board of Parole, members of
29 the Delaware River Port Authority Police and salaried policemen
30 and firemen who have served for four consecutive years or
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1 longer, diseases of the heart and tuberculosis of the
2 respiratory system, contracted or incurred by any of them after
3 four years of continuous service as such, and caused by extreme
4 overexertion in times of stress or danger or by exposure to
5 heat, smoke, fumes or gases, arising directly out of the
6 employment of any such member of the State Police Force,
7 enforcement officer, investigator or parole agent, enforcement
8 officer or investigator of the Pennsylvania Board of Parole,
9 member of the Delaware River Port Authority Police, or policeman
10 or fireman, shall be compensable in accordance with the terms
11 hereof; and unless any such disability shall be compensable
12 under the compensation laws as having been caused by accidental
13 injury, such disability shall be compensable as occupational
14 disease disabilities are presently compensable under the
15 compensation laws of this Commonwealth. It shall be presumed
16 that tuberculosis of the respiratory system contracted or
17 incurred after four consecutive years of service was contracted
18 or incurred as a direct result of employment.
19 (c) In the case of any person receiving benefits pursuant to
20 this act, the statutes of limitations set forth in sections
21 306.1, 315, 413, and 434 of the act of June 2, 1915 (P.L.736,
22 No.338), known as "The Pennsylvania Workmen's Compensation Act,"
23 shall not begin to run until the expiration of the receipt of
24 benefits pursuant to this act.
25 (d) All payments herein required to be made by the
26 Commonwealth of Pennsylvania on account of any member of the
27 State Police Force shall be made from moneys appropriated to the
28 Pennsylvania State Police, and any payments required to be made
29 on account of any enforcement officer or investigator employed
30 by the Pennsylvania Liquor Control Board shall be from
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1 appropriations out of the State Stores Fund, any payments
2 required to be made on account of any drug enforcement officer
3 or investigator employed by the Bureau of Drug Control,
4 Department of Justice shall be from moneys appropriated to the
5 Pennsylvania Department of Justice, and any payments required to
6 be made on account of any parole agent, enforcement officer or
7 investigator employed by the Pennsylvania Board of Parole shall
8 be from moneys appropriated to the Pennsylvania Board of Parole.
9 Section 2. This act shall take effect immediately.
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