AN ACT

 

1Amending the act of June 28, 1935 (P.L.477, No.193), entitled,
2as amended, "An act providing for the payment of the salary,
3medical and hospital expenses of members of the State Police
4Force, of the enforcement officers and investigators employed
5by the Pennsylvania Liquor Control Board, and the parole
6agents, enforcement officers and investigators of the
7Pennsylvania Board of Probation and Parole, Capitol Police
8officers, correction employes employed by the Department of
9Corrections whose principal duty is the care, custody and
10control of inmates, psychiatric security aides employed by
11the Department of Public Welfare and the Department of
12Corrections whose principal duty is the care, custody, and
13control of the criminally insane, drug enforcement agents of
14the Office of Attorney General whose principal duty is the
15enforcement of the drug laws of the Commonwealth, special
16agents of the Office of Attorney General whose principal duty
17is the enforcement of the criminal laws of the Commonwealth,
18members of the Delaware River Port Authority Police and of
19policemen, firemen and park guards by the Commonwealth of
20Pennsylvania, the Delaware River Port Authority, counties,
21cities, boroughs, towns and townships, and sheriffs and
22deputy sheriffs who are injured or contract certain diseases
23in the performance of their duty; and providing that absence
24during such injury shall not reduce any usual sick leave
25period," extending benefits to certain employees of the
26Pennsylvania Game Commission and the Pennsylvania Fish and
27Boat Commission; and making editorial changes.

28The General Assembly of the Commonwealth of Pennsylvania
29hereby enacts as follows:

30Section 1. The title and section 1 of the act of June 28,
 

11935 (P.L.477, No.193), referred to as the Enforcement Officer
2Disability Benefits Law, amended March 15, 2006 (P.L.55, No.20)
3and July 7, 2006 (P.L.614, No.95), are amended to read:

4AN ACT

5Providing for the payment of the salary, medical and hospital
6expenses of [members of the State Police Force, of the
7enforcement officers and investigators employed by the
8Pennsylvania Liquor Control Board, and the parole agents,
9enforcement officers and investigators of the Pennsylvania
10Board of Probation and Parole, Capitol Police officers,
11correction employes employed by the Department of Corrections
12whose principal duty is the care, custody and control of
13inmates, psychiatric security aides employed by the
14Department of Public Welfare and the Department of
15Corrections whose principal duty is the care, custody, and
16control of the criminally insane, drug enforcement agents of
17the Office of Attorney General whose principal duty is the
18enforcement of the drug laws of the Commonwealth, special
19agents of the Office of Attorney General whose principal duty
20is the enforcement of the criminal laws of the Commonwealth,
21members of the Delaware River Port Authority Police and of
22policemen, firemen and park guards by the Commonwealth of
23Pennsylvania, the Delaware River Port Authority, counties,
24cities, boroughs, towns and townships, and sheriffs and
25deputy sheriffs] certain employes of State and local 
26government who are injured or contract certain diseases in
27the performance of their duty; and providing that absence
28during such injury shall not reduce any usual sick leave
29period.

30Section 1. (a) Be it enacted, &c., That:

1(1) any member of the State Police Force[,];

2(2) any enforcement officer or investigator employed by the
3Pennsylvania Liquor Control Board[, and];

4(3) the parole agents, enforcement officers and
5investigators of the Pennsylvania Board of Probation and
6Parole[,];

7(4) Capitol Police officers[,];

8(5) correction employes employed by the Department of
9Corrections, whose principal duty is the care, custody and
10control of inmates[,];

11(6) psychiatric security aides employed by the Department of
12Public Welfare and the Department of Corrections, whose
13principal duty is the care, custody, and control of the
14criminally insane[,];

15(7) drug enforcement agents of the Office of Attorney
16General whose principal duty is the enforcement of the drug laws
17of the Commonwealth[,];

18(8) special agents of the Office of Attorney General whose
19principal duty is the enforcement of the criminal laws of the
20Commonwealth[,];

21(9) any member of the Delaware River Port Authority
22Police[,];

23(10) any policeman, fireman or park guard of any county,
24city, borough, town or township[, or];

25(11) any sheriff or deputy sheriff; or

26(12) any enforcement officer or investigator of the
27Pennsylvania Game Commission or the Pennsylvania Fish and Boat
28Commission

29who is injured in the performance of his duties including, in
30the case of firemen, duty as special fire police, and by reason

1thereof is temporarily incapacitated from performing his duties,
2shall be paid by the Commonwealth of Pennsylvania if [a member
3of the State Police Force or an enforcement officer or
4investigator employed by the Pennsylvania Liquor Control Board
5or the parole agents, enforcement officers and investigators of
6the Pennsylvania Board of Probation and Parole, Capitol Police
7officers, correction employes employed by the Department of
8Corrections, whose principal duty is the care, custody and
9control of inmates, psychiatric security aides employed by the
10Department of Public Welfare and the Department of Corrections,
11whose principal duty is the care, custody, and control of the
12criminally insane, drug enforcement agents of the Office of
13Attorney General whose principal duty is the enforcement of the
14drug laws of the Commonwealth, special agents of the Office of
15Attorney General whose principal duty is the enforcement of the
16criminal laws of the Commonwealth,] an employe identified under 
17paragraph (1), (2), (3), (4), (5), (6), (7), (8) or (12) or by
18the Delaware River Port Authority if a member of the Delaware
19River Port Authority Police or by the county, township or
20municipality, by which he is employed, his full rate of salary,
21as fixed by ordinance or resolution, until the disability
22arising therefrom has ceased. All medical and hospital bills,
23incurred in connection with any such injury, shall be paid by
24the Commonwealth of Pennsylvania or by the Delaware River Port
25Authority or by such county, township or municipality. During
26the time salary for temporary incapacity shall be paid by the
27Commonwealth of Pennsylvania or by the Delaware River Port
28Authority or by the county, city, borough, town or township, any
29workmen's compensation, received or collected by any such
30employe for such period, shall be turned over to the

1Commonwealth of Pennsylvania or to the Delaware River Port
2Authority or to such county, city, borough, town or township,
3and paid into the treasury thereof, and if such payment shall
4not be so made by the employe the amount so due the Commonwealth
5of Pennsylvania, the Delaware River Port Authority or the
6county, city, borough, town or township shall be deducted from
7any salary then or thereafter becoming due and owing.

8(b) In the case of:

9(1) the State Police Force[,];

10(2) enforcement officers and investigators employed by the
11Pennsylvania Liquor Control Board [and];

12(3) the parole agents, enforcement officers and
13investigators of the Pennsylvania Board of Probation and
14Parole[,];

15(4) Capitol Police officers[,];

16(5) correction employes employed by the Department of
17Corrections, whose principal duty is the care, custody and
18control of inmates[,];

19(6) psychiatric security aides employed by the Department of
20Public Welfare and the Department of Corrections whose principal
21duty is the care, custody, and control of the criminally
22insane[,];

23(7) drug enforcement agents of the Office of Attorney
24General whose principal duty is the enforcement of the drug laws
25of the Commonwealth[,];

26(8) special agents of the Office of Attorney General whose
27principal duty is the enforcement of the criminal laws of the
28Commonwealth[,];

29(9) members of the Delaware River Port Authority Police[,];

30(10) salaried policemen and firemen[, and];

1(11) sheriffs and deputy sheriffs; and

2(12) enforcement officers and investigators of the
3Pennsylvania Game Commission and the Pennsylvania Fish and Boat
4Commission

5who have served for four consecutive years or longer, diseases 
6of the heart and tuberculosis of the respiratory system, 
7contracted or incurred by any of them after four years of 
8continuous service as such, and caused by extreme overexertion 
9in times of stress or danger or by exposure to heat, smoke, 
10fumes or gases, arising directly out of the employment [of any 
11such member of the State Police Force, enforcement officer, 
12investigator employed by the Pennsylvania Liquor Control Board, 
13guard or enforcement officer employed by the Department of 
14Corrections or parole agent, enforcement officer or investigator 
15of the Pennsylvania Board of Probation and Parole, Capitol 
16Police officers, correction employes employed by the Department 
17of Corrections whose principal duty is the care, custody and 
18control of inmates, psychiatric security aides employed by the 
19Department of Public Welfare and the Department of Corrections 
20whose principal duty is the care, custody, and control of the 
21criminally insane, drug enforcement agents of the Office of 
22Attorney General whose principal duty is the enforcement of the 
23drug laws of the Commonwealth, special agents of the Office of 
24Attorney General whose principal duty is the enforcement of the 
25criminal laws of the Commonwealth, member of the Delaware River 
26Port Authority Police, policeman or fireman, or sheriff or 
27deputy sheriff] shall be compensable in accordance with the 
28terms hereof; and unless any such disability shall be 
29compensable under the compensation laws as having been caused by 
30accidental injury, such disability shall be compensable as
 

1occupational disease disabilities are presently compensable 
2under the compensation laws of this Commonwealth. It shall be 
3presumed that tuberculosis of the respiratory system contracted 
4or incurred after four consecutive years of service was 
5contracted or incurred as a direct result of employment.

6(c) In the case of any person receiving benefits pursuant to
7this act, the statutes of limitations set forth in sections
8306.1, 315, 413, and 434 of the act of June 2, 1915 (P.L.736, 
9No.338), known as the "Workers' Compensation Act," shall not
10begin to run until the expiration of the receipt of benefits
11pursuant to this act.

12(d) (1) All payments herein required to be made by the
13Commonwealth of Pennsylvania on account of any member of the
14State Police Force shall be made from moneys appropriated to the
15Pennsylvania State Police[, and any].

16(2) Any payments required to be made on account of any
17enforcement officer or investigator employed by the Pennsylvania
18Liquor Control Board shall be from appropriations out of the
19State Stores Fund[, any].

20(3) Any payments required to be made on account of any
21parole agent, enforcement officer or investigator employed by
22the Pennsylvania Board of Probation and Parole shall be from
23moneys appropriated to the Pennsylvania Board of Probation and
24Parole[, any].

25(4) Any payments required to be made on account of Capitol
26Police officers shall be made from moneys appropriated to the
27Department of General Services[, any].

28(5) Any payments required to be made on account of any
29correction employe shall be made from moneys appropriated to the
30Department of Corrections[, any].

1(6) Any payments required to be made on account of any
2psychiatric security aides shall be made from moneys
3appropriated to the Department of Public Welfare or the
4Department of Corrections where appropriate[, and any].

5(7) Any payments required to be made on account of any drug
6enforcement agent or special agents shall be made from moneys
7appropriated to the Office of Attorney General.

8(8) Any payments required to be made on account of any
9enforcement officers or investigators of the Pennsylvania Game
10Commission shall be made from moneys appropriated to the
11Pennsylvania Game Commission.

12(9) Any payments required to be made on account of any
13enforcement officers or investigators of the Pennsylvania Fish
14and Boat Commission shall be made from moneys appropriated to
15the Pennsylvania Fish and Boat Commission.

16Section 2. This act shall take effect in 60 days.