PRINTER'S NO. 602
No. 543 Session of 1985
INTRODUCED BY TRELLO, WAMBACH, OLIVER, WOGAN, JAROLIN, KOSINSKI,
DALEY, VAN HORNE, BOWSER, BELFANTI, BELARDI, GEIST, DeLUCA,
SEVENTY, LAUGHLIN, McVERRY, ITKIN, PETRARCA, COLAFELLA,
TELEK, COHEN AND GANNON, FEBRUARY 27, 1985
REFERRED TO COMMITTEE ON STATE GOVERNMENT, FEBRUARY 27, 1985
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, correction
8 officers employed by the Bureau of Corrections whose
9 principal duty is the care, custody and control of inmates,
10 psychiatric security aides employed by the Department of
11 Public Welfare and the Bureau of Corrections whose principal
12 duty is the care, custody, and control of the criminally
13 insane, and drug enforcement agents of the Department of
14 Justice whose principal duty is the enforcement of the drug
15 laws of the Commonwealth, members of the Delaware River Port
16 Authority Police and of policemen, firemen and park guards by
17 the Commonwealth of Pennsylvania, the Delaware River Port
18 Authority, counties, cities, boroughs, towns and townships,
19 who are injured or contract certain diseases in the
20 performance of their duty; and providing that absence during
21 such injury shall not reduce any usual sick leave period,"
22 extending benefits to Capitol Police officers; and making
23 editorial changes.
24 The General Assembly of the Commonwealth of Pennsylvania
25 hereby enacts as follows:
26 Section 1. The title and section 1 of the act of June 28,
27 1935 (P.L.477, No.193), referred to as the Enforcement Officer
1 Disability Benefits Law, amended July 1, 1978 (P.L.687, No.117),
2 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 [Bureau] Department of
11 Corrections whose principal duty is the care, custody and
12 control of inmates, psychiatric security aides employed by
13 the Department of Public Welfare and the [Bureau] Department
14 of Corrections whose principal duty is the care, custody, and
15 control of the criminally insane, and drug enforcement agents
16 of the [Department of Justice] Office of Attorney General
17 whose principal duty is the enforcement of the drug laws of
18 the Commonwealth, members of the Delaware River Port
19 Authority Police and of policemen, firemen and park guards by
20 the Commonwealth of Pennsylvania, the Delaware River Port
21 Authority, counties, cities, boroughs, towns and townships,
22 who are injured or contract certain diseases in the
23 performance of their duty; and providing that absence during
24 such injury shall not reduce any usual sick leave period.
25 Section 1. (a) Be it enacted, &c., That any member of the
26 State Police Force, any enforcement officer or investigator
27 employed by the Pennsylvania Liquor Control Board, and the
28 parole agents, enforcement officers and investigators of the
29 Pennsylvania Board of Probation and Parole, Capitol Police
30 officers, correction officers employed by the [Bureau]
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1 Department of Corrections, whose principal duty is the care,
2 custody and control of inmates, psychiatric security aides
3 employed by the Department of Public Welfare and the [Bureau]
4 Department of Corrections, whose principal duty is the care,
5 custody, and control of the criminally insane, and drug
6 enforcement agents of the [Department of Justice] Office of
7 Attorney General whose principal duty is the enforcement of the
8 drug laws of the Commonwealth, any member of the Delaware River
9 Port Authority Police or any policeman, fireman or park guard of
10 any county, city, borough, town or township, who is injured in
11 the performance of his duties including, in the case of firemen,
12 duty as special fire police, and by reason thereof is
13 temporarily incapacitated from performing his duties, shall be
14 paid by the Commonwealth of Pennsylvania if a member of the
15 State Police Force or an enforcement officer or investigator
16 employed by the Pennsylvania Liquor Control Board or the parole
17 agents, enforcement officers and investigators of the
18 Pennsylvania Board of Probation and Parole, Capitol Police
19 officers, correction officers employed by the [Bureau]
20 Department of Corrections, whose principal duty is the care,
21 custody and control of inmates, psychiatric security aides
22 employed by the Department of Public Welfare and the [Bureau]
23 Department of Corrections, whose principal duty is the care,
24 custody, and control of the criminally insane, and drug
25 enforcement agents of the [Department of Justice] Office of
26 Attorney General whose principal duty is the enforcement of the
27 drug laws of the Commonwealth, or by the Delaware River Port
28 Authority if a member of the Delaware River Port Authority
29 Police or by the county, township or municipality, by which he
30 is employed, his full rate of salary, as fixed by ordinance or
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1 resolution, until the disability arising therefrom has ceased.
2 All medical and hospital bills, incurred in connection with any
3 such injury, shall be paid by the Commonwealth of Pennsylvania
4 or by the Delaware River Port Authority or by such county,
5 township or municipality. During the time salary for temporary
6 incapacity shall be paid by the Commonwealth of Pennsylvania or
7 by the Delaware River Port Authority or by the county, city,
8 borough, town or township, any workmen's compensation, received
9 or collected by any such employe for such period, shall be
10 turned over to the Commonwealth of Pennsylvania or to the
11 Delaware River Port Authority or to such county, city, borough,
12 town or township, and paid into the treasury thereof, and if
13 such payment shall not be so made by the employe the amount so
14 due the Commonwealth of Pennsylvania, the Delaware River Port
15 Authority or the county, city, borough, town or township shall
16 be deducted from any salary then or thereafter becoming due and
17 owing.
18 (b) In the case of the State Police Force, enforcement
19 officers and investigators employed by the Pennsylvania Liquor
20 Control Board and the parole agents, enforcement officers and
21 investigators of the Pennsylvania Board of Probation and Parole,
22 Capitol Police officers, correction officers employed by the
23 [Bureau] Department of Corrections, whose principal duty is the
24 care, custody and control of inmates, psychiatric security aides
25 employed by the Department of Public Welfare and the [Bureau]
26 Department of Corrections whose principal duty is the care,
27 custody, and control of the criminally insane, and drug
28 enforcement agents of the [Department of Justice] Office of
29 Attorney General whose principal duty is the enforcement of the
30 drug laws of the Commonwealth, members of the Delaware River
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1 Port Authority Police and salaried policemen and firemen who
2 have served for four consecutive years or longer, diseases of
3 the heart and tuberculosis of the respiratory system, contracted
4 or incurred by any of them after four years of continuous
5 service as such, and caused by extreme overexertion in times of
6 stress or danger or by exposure to heat, smoke, fumes or gases,
7 arising directly out of the employment of any such member of the
8 State Police Force, enforcement officer, investigator employed
9 by the Pennsylvania Liquor Control Board, guard or enforcement
10 officer employed by the [Bureau] Department of Corrections or
11 parole agent, enforcement officer or investigator of the
12 Pennsylvania Board of Probation and Parole, Capitol Police
13 officers, correction officers employed by the [Bureau]
14 Department of Corrections whose principal duty is the care,
15 custody and control of inmates, psychiatric security aides
16 employed by the Department of Public Welfare and the [Bureau]
17 Department of Corrections whose principal duty is the care,
18 custody, and control of the criminally insane, and drug
19 enforcement agents of the [Department of Justice] Office of
20 Attorney General whose principal duty is the enforcement of the
21 drug 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
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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, 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 Capitol Police officers shall
20 be made from moneys appropriated to the Department of General
21 Services, any payments required to be made on account of any
22 correction officer shall be made from moneys appropriated to the
23 [Bureau] Department of Corrections, any payments required to be
24 made on account of any psychiatric security aides shall be made
25 from moneys appropriated to the Department of Public Welfare or
26 the [Bureau] Department of Corrections where appropriate, and
27 any payments required to be made on account of any drug
28 enforcement agent shall be made from moneys appropriated to the
29 [Department of Justice] Office of Attorney General.
30 Section 2. This act shall take effect in 30 days.
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