PRINTER'S NO. 1159
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
998
Session of
2017
INTRODUCED BY GROVE, MILLARD, B. MILLER, MOUL, ZIMMERMAN, WARD,
COX, RYAN AND GILLEN, MARCH 28, 2017
REFERRED TO COMMITTEE ON LABOR AND INDUSTRY, MARCH 28, 2017
AN ACT
Amending the act of December 8, 1959 (P.L.1718, No.632),
entitled, as amended, "An act providing for the payment of
the salary, medical and hospital expenses of employes of
State penal and correctional institutions, State mental
hospitals, Youth Development Centers, County Boards of
Assistance, and under certain conditions other employes of
the Department of Public Welfare, who are injured in the
performance of their duties; and providing benefit to their
widows and dependents in certain cases," providing for a
limitation on salary payments to employees.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 1 of the act of December 8, 1959
(P.L.1718, No.632), entitled, as amended, "An act providing for
the payment of the salary, medical and hospital expenses of
employes of State penal and correctional institutions, State
mental hospitals, Youth Development Centers, County Boards of
Assistance, and under certain conditions other employes of the
Department of Public Welfare, who are injured in the performance
of their duties; and providing benefit to their widows and
dependents in certain cases," is amended to read:
Section 1. Any employe of a State penal or correctional
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institution under the [Bureau of Correction of the Department of
Justice] Department of Corrections and any employe of a State
mental hospital or Youth Development Center under the Department
of [Public Welfare] Human Services, who is injured during the
course of his employment by an act of any inmate or any person
confined in such institution or by any person who has been
committed to such institution by any court of the Commonwealth
of Pennsylvania or by any provision of the "Mental Health Act"
and any employe of County Boards of Assistance injured by act of
an applicant for or recipient of public assistance and any
employe of the Department of [Public Welfare] Human Services who
has been assigned to or who has volunteered to join the fire
fighting force of any institution of the Department of [Public
Welfare] Human Services injured while carrying out fire fighting
duties, shall be paid, by the Commonwealth of Pennsylvania, his
full salary[,] for no more than three years from the date of the
injury, or until the disability arising therefrom no longer
prevents his return as an employe of such department, board or
institution at a salary equal to that earned by him at the time
of his injury, whichever is sooner.
All medical and hospital expenses incurred in connection with
any such injury shall be paid by the Commonwealth of
Pennsylvania until the disability arising from such injury no
longer prevents his return as an employe of such department,
board or institution at a salary equal to that earned by him at
the time of his injury.
During the time salary for such disability shall be paid by
the Commonwealth of Pennsylvania any workmen's compensation
received or collected for such period shall be turned over to
the Commonwealth and paid into the General Fund, and if such
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payment shall not be so made, the amount so due the Commonwealth
shall be deducted from any salary then or thereafter becoming
due and owing.
The widow and minor dependents of any employe who dies within
one year as a result of such injuries shall be paid benefits
equal to fifty per cent of the full salary of the deceased
employe.
When a widow and minor dependents not in her custody are
entitled to payments, one-half of such payments shall be paid to
the widow and one-half to the dependents. In every case the
amount payable to minor dependents shall be divided equally
among them and be paid to the persons or institutions having
custody of them.
In the case of a widow or a widow with minor dependents in
her custody, such benefits shall terminate when such widow
remarries. In the case of minor dependents, except when in the
custody of a remarried widow, such benefits shall terminate when
all of the minor dependents become eighteen years of age.
Neither a widow nor minor dependents shall receive any benefits
under this act while receiving benefits under the Federal Social
Security Law. The benefits provided by this act shall be reduced
by the amount of any workmen's compensation benefits received or
collected by any such widow or minor dependents because of the
same injury. Payments for the benefit of minor dependents shall
be made to the person having legal custody of them.
Section 2. This act shall take effect immediately.
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