PRINTER'S NO. 1202
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
889
Session of
2017
INTRODUCED BY DINNIMAN, RAFFERTY AND COSTA, SEPTEMBER 26, 2017
REFERRED TO LABOR AND INDUSTRY, SEPTEMBER 26, 2017
AN ACT
Amending the act of June 28, 1935 (P.L.477, No.193), entitled,
as amended, "An act providing for the payment of the salary,
medical and hospital expenses of certain employes of State
and local government who are injured or contract certain
diseases in the performance of their duty; and providing that
absence during such injury shall not reduce any usual sick
leave period," further providing for disability benefits.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 1 of the act of June 28, 1935 (P.L.477,
No.193), referred to as the Enforcement Officer Disability
Benefits Law, amended October 26, 2016 (P.L.908, No.113) and
November 4, 2016 (P.L.1140, No.145), is amended to read:
Section 1. (a) Be it enacted, &c., That:
(1) any member of the State Police Force;
(2) any enforcement officer or investigator employed by the
Pennsylvania Liquor Control Board;
(3) the parole agents, enforcement officers and
investigators of the Pennsylvania Board of Probation and Parole;
(4) Capitol Police officers;
(4.1) campus police officers employed by a State-owned
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university, community college or State-related college or
university;
(5) correction employes employed by the Department of
Corrections, whose principal duty is the care, custody and
control of inmates;
(6) psychiatric security aides employed by the Department of
Human Services and the Department of Corrections, whose
principal duty is the care, custody, and control of the
criminally insane;
(7) drug enforcement agents of the Office of Attorney
General whose principal duty is the enforcement of the drug laws
of the Commonwealth;
(8) special agents of the Office of Attorney General whose
principal duty is the enforcement of the criminal laws of the
Commonwealth;
(9) any member of the Delaware River Port Authority Police;
(10) any policeman, fireman or park guard of any county,
city, borough, town or township;
(10.1) firemen employed by the Commonwealth;
(11) any sheriff or deputy sheriff; or
(12) any enforcement officer or investigator of the
Pennsylvania Game Commission or the Pennsylvania Fish and Boat
Commission;
who is injured in the performance of his duties including, in
the case of firemen, duty as special fire police, and by reason
thereof is temporarily incapacitated from performing his duties,
shall be paid by the Commonwealth of Pennsylvania if an employe
identified under paragraph (1), (2), (3), (4), (4.1), (5), (6),
(7), (8) or (12) or by the Delaware River Port Authority if a
member of the Delaware River Port Authority Police or by the
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county, city, township or municipality, by which he is employed,
his full rate of salary, as fixed by ordinance or resolution,
until the disability arising therefrom has ceased. All medical
and hospital bills, incurred in connection with any such injury,
shall be paid by the Commonwealth of Pennsylvania or by the
Delaware River Port Authority or by such county, township or
municipality. During the time salary for temporary incapacity
shall be paid by the Commonwealth of Pennsylvania or by the
Delaware River Port Authority or by the county, city, borough,
town or township, any workmen's compensation, received or
collected by any such employe for such period, shall be turned
over to the Commonwealth of Pennsylvania or to the Delaware
River Port Authority or to such county, city, borough, town or
township, and paid into the treasury thereof, and if such
payment shall not be so made by the employe the amount so due
the Commonwealth of Pennsylvania, the Delaware River Port
Authority or the county, city, borough, town or township shall
be deducted from any salary then or thereafter becoming due and
owing.
(b) In the case of:
(1) the State Police Force;
(2) enforcement officers and investigators employed by the
Pennsylvania Liquor Control Board;
(3) the parole agents, enforcement officers and
investigators of the Pennsylvania Board of Probation and Parole;
(4) Capitol Police officers;
(4.1) campus police officers employed by a State-owned
university, community college or State-related college or
university;
(5) correction employes employed by the Department of
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Corrections, whose principal duty is the care, custody and
control of inmates;
(6) psychiatric security aides employed by the Department of
Human Services and the Department of Corrections whose principal
duty is the care, custody, and control of the criminally insane;
(7) drug enforcement agents of the Office of Attorney
General whose principal duty is the enforcement of the drug laws
of the Commonwealth;
(8) special agents of the Office of Attorney General whose
principal duty is the enforcement of the criminal laws of the
Commonwealth;
(9) members of the Delaware River Port Authority Police;
(10) salaried policemen and firemen;
(10.1) firemen employed by the Commonwealth;
(11) sheriffs and deputy sheriffs; and
(12) enforcement officers and investigators of the
Pennsylvania Game Commission and the Pennsylvania Fish and Boat
Commission;
who have served for four consecutive years or longer, diseases
of the heart and tuberculosis of the respiratory system,
contracted or incurred by any of them after four years of
continuous service as such, and caused by extreme overexertion
in times of stress or danger or by exposure to heat, smoke,
fumes or gases, arising directly out of the employment shall be
compensable in accordance with the terms hereof; and unless any
such disability shall be compensable under the compensation laws
as having been caused by accidental injury, such disability
shall be compensable as occupational disease disabilities are
presently compensable under the compensation laws of this
Commonwealth. It shall be presumed that tuberculosis of the
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respiratory system contracted or incurred after four consecutive
years of service was contracted or incurred as a direct result
of employment.
(c) In the case of any person receiving benefits pursuant to
this act, the statutes of limitations set forth in sections
306.1, 315, 413, and 434 of the act of June 2, 1915 (P.L.736,
No.338), known as the "Workers' Compensation Act," shall not
begin to run until the expiration of the receipt of benefits
pursuant to this act.
(d) (1) All payments herein required to be made by the
Commonwealth of Pennsylvania on account of any member of the
State Police Force shall be made from moneys appropriated to the
Pennsylvania State Police.
(2) Any payments required to be made on account of any
enforcement officer or investigator employed by the Pennsylvania
Liquor Control Board shall be made from appropriations out of
the State Stores Fund.
(3) Any payments required to be made on account of any
parole agent, enforcement officer or investigator employed by
the Pennsylvania Board of Probation and Parole shall be made
from moneys appropriated to the Pennsylvania Board of Probation
and Parole.
(4) Any payments required to be made on account of Capitol
Police officers shall be made from moneys appropriated to the
Department of General Services.
(5) Any payments required to be made on account of any
correction employe shall be made from moneys appropriated to the
Department of Corrections.
(6) Any payments required to be made on account of any
psychiatric security aides shall be made from moneys
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appropriated to the Department of Human Services or the
Department of Corrections where appropriate.
(6.1) Any payments required to be made on account of any
campus police officers employed by a State-owned university,
community college or State-related college or university shall
be made from moneys provided by the State-owned university,
community college or State-related college or university.
(7) Any payments required to be made on account of any drug
enforcement agent or special agents shall be made from moneys
appropriated to the Office of Attorney General and any payments
required to be made on account of any fireman employed by the
Commonwealth shall be made from moneys appropriated to the
employing agency.
(8) Any payments required to be made on account of any
enforcement officers or investigators of the Pennsylvania Game
Commission shall be made from moneys appropriated to the
Pennsylvania Game Commission or executively authorized from the
Game Fund under 34 Pa.C.S. Ch. 5 Subch. B (relating to Game
Fund).
(9) Any payments required to be made on account of any
enforcement officers or investigators of the Pennsylvania Fish
and Boat Commission shall be made from moneys appropriated to
the Pennsylvania Fish and Boat Commission or executively
authorized from the Fish Fund under 30 Pa.C.S. Ch. 5 Subch. B
(relating to the Fish Fund) or the Boat Fund under 30 Pa.C.S.
Ch. 5 Subch. C (relating to the Boat Fund).
Section 2. This act shall take effect in 60 days.
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