PRINTER'S NO. 3305
No. 2478 Session of 1998
INTRODUCED BY LYNCH, VEON, CIVERA, BELARDI, GRUPPO, GEORGE,
BELFANTI, PETRARCA, BAKER, JADLOWIEC, MAJOR, ZUG, RAMOS,
McCALL, STERN, LAUGHLIN, BISHOP, CASORIO, JAROLIN, GIGLIOTTI,
MAITLAND, ORIE, SHANER, STEELMAN, WAUGH, READSHAW, WALKO,
TRAVAGLIO, WOJNAROSKI, YOUNGBLOOD, McNAUGHTON, NAILOR,
TRELLO, STABACK AND BOSCOLA, MARCH 30, 1998
REFERRED TO COMMITTEE ON JUDICIARY, MARCH 30, 1998
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, Capitol Police
8 officers, correction officers employed by the Department of
9 Corrections whose principal duty is the care, custody and
10 control of inmates, psychiatric security aides employed by
11 the Department of Public Welfare and the Department of
12 Corrections whose principal duty is the care, custody, and
13 control of the criminally insane, drug enforcement agents of
14 the Office of Attorney General whose principal duty is the
15 enforcement of the drug laws of the Commonwealth, special
16 agents of the Office of Attorney General whose principal duty
17 is the enforcement of the criminal laws of the Commonwealth,
18 members of the Delaware River Port Authority Police and of
19 policemen, firemen and park guards by the Commonwealth of
20 Pennsylvania, the Delaware River Port Authority, counties,
21 cities, boroughs, towns and townships, who are injured or
22 contract certain diseases in the performance of their duty;
23 and providing that absence during such injury shall not
24 reduce any usual sick leave period," extending benefits to
25 county sheriffs and deputy sheriffs and to certain employees
26 of the Bureau of Forestry in the Department of Conservation
27 and Natural Resources.
28 The General Assembly of the Commonwealth of Pennsylvania
1 hereby enacts as follows:
2 Section 1. The title and section 1 of the act of June 28,
3 1935 (P.L.477, No.193), referred to as the Enforcement Officer
4 Disability Benefits Law, amended December 19, 1996 (P.L.1438
5 No.183), are amended to read:
6 AN ACT
7 Providing for the payment of the salary, medical and hospital
8 expenses of members of the State Police Force, of the
9 enforcement officers and investigators employed by the
10 Pennsylvania Liquor Control Board, and the parole agents,
11 enforcement officers and investigators of the Pennsylvania
12 Board of Probation and Parole, Capitol Police officers,
13 correction officers employed by the Department of Corrections
14 whose principal duty is the care, custody and control of
15 inmates, psychiatric security aides employed by the
16 Department of Public Welfare and the Department of
17 Corrections whose principal duty is the care, custody, and
18 control of the criminally insane, drug enforcement agents of
19 the Office of Attorney General whose principal duty is the
20 enforcement of the drug laws of the Commonwealth, special
21 agents of the Office of Attorney General whose principal duty
22 is the enforcement of the criminal laws of the Commonwealth,
23 forest fire specialist supervisors employed by the Bureau of
24 Forestry in the Department of Conservation and Natural
25 Resources, members of the Delaware River Port Authority
26 Police and of policemen, county sheriffs and deputy sheriffs,
27 firemen and park guards by the Commonwealth of Pennsylvania,
28 the Delaware River Port Authority, counties, cities,
29 boroughs, towns and townships, who are injured or contract
30 certain diseases in the performance of their duty; and
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1 providing that absence during such injury shall not reduce
2 any usual sick leave period.
3 Section 1. (a) Be it enacted, &c., That any member of the
4 State Police Force, any enforcement officer or investigator
5 employed by the Pennsylvania Liquor Control Board, and the
6 parole agents, enforcement officers and investigators of the
7 Pennsylvania Board of Probation and Parole, Capitol Police
8 officers, correction officers employed by the Department of
9 Corrections, whose principal duty is the care, custody and
10 control of inmates, psychiatric security aides employed by the
11 Department of Public Welfare and the Department of Corrections,
12 whose principal duty is the care, custody, and control of the
13 criminally insane, drug enforcement agents of the Office of
14 Attorney General whose principal duty is the enforcement of the
15 drug laws of the Commonwealth, special agents of the Office of
16 Attorney General whose principal duty is the enforcement of the
17 criminal laws of the Commonwealth, forest fire specialist
18 supervisors employed by the Bureau of Forestry in the Department
19 of Conservation and Natural Resources, any member of the
20 Delaware River Port Authority Police or any policeman, county
21 sheriff or deputy sheriff, fireman or park guard of any county,
22 city, borough, town or township, who is injured in the
23 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 or the parole
29 agents, enforcement officers and investigators of the
30 Pennsylvania Board of Probation and Parole, Capitol Police
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1 officers, correction officers employed by the Department of
2 Corrections, whose principal duty is the care, custody and
3 control of inmates, psychiatric security aides employed by the
4 Department of Public Welfare and the Department of Corrections,
5 whose principal duty is the care, custody, and control of the
6 criminally insane, drug enforcement agents of the Office of
7 Attorney General whose principal duty is the enforcement of the
8 drug laws of the Commonwealth, special agents of the Office of
9 Attorney General whose principal duty is the enforcement of the
10 criminal laws of the Commonwealth, forest fire specialist
11 supervisors employed by the Bureau of Forestry in the Department
12 of Conservation and Natural Resources or by the Delaware River
13 Port Authority if a member of the Delaware River Port Authority
14 Police or by the county, township or municipality, by which he
15 is employed, his full rate of salary, as fixed by ordinance or
16 resolution, until the disability arising therefrom has ceased.
17 All medical and hospital bills, incurred in connection with any
18 such injury, shall be paid by the Commonwealth of Pennsylvania
19 or by the Delaware River Port Authority or by such county,
20 township or municipality. During the time salary for temporary
21 incapacity shall be paid by the Commonwealth of Pennsylvania or
22 by the Delaware River Port Authority or by the county, city,
23 borough, town or township, any workmen's compensation, received
24 or collected by any such employe for such period, shall be
25 turned over to the Commonwealth of Pennsylvania or to the
26 Delaware River Port Authority or to such county, city, borough,
27 town or township, and paid into the treasury thereof, and if
28 such payment shall not be so made by the employe the amount so
29 due the Commonwealth of Pennsylvania, the Delaware River Port
30 Authority or the county, city, borough, town or township shall
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1 be deducted from any salary then or thereafter becoming due and
2 owing.
3 (b) In the case of the State Police Force, enforcement
4 officers and investigators employed by the Pennsylvania Liquor
5 Control Board and the parole agents, enforcement officers and
6 investigators of the Pennsylvania Board of Probation and Parole,
7 Capitol Police officers, correction officers employed by the
8 Department of Corrections, whose principal duty is the care,
9 custody and control of inmates, psychiatric security aides
10 employed by the Department of Public Welfare and the Department
11 of Corrections whose principal duty is the care, custody, and
12 control of the criminally insane, drug enforcement agents of the
13 Office of Attorney General whose principal duty is the
14 enforcement of the drug laws of the Commonwealth, special agents
15 of the Office of Attorney General whose principal duty is the
16 enforcement of the criminal laws of the Commonwealth, forest
17 fire specialist supervisors employed by the Bureau of Forestry
18 in the Department of Conservation and Natural Resources, members
19 of the Delaware River Port Authority Police and salaried
20 policemen, county sheriffs and deputy sheriffs and firemen who
21 have served for four consecutive years or longer, diseases of
22 the heart and tuberculosis of the respiratory system, contracted
23 or incurred by any of them after four years of continuous
24 service as such, and caused by extreme overexertion in times of
25 stress or danger or by exposure to heat, smoke, fumes or gases,
26 arising directly out of the employment of any such member of the
27 State Police Force, enforcement officer, investigator employed
28 by the Pennsylvania Liquor Control Board, guard or enforcement
29 officer employed by the Department of Corrections or parole
30 agent, enforcement officer or investigator of the Pennsylvania
19980H2478B3305 - 5 -
1 Board of Probation and Parole, Capitol Police officers,
2 correction officers employed by the Department of Corrections
3 whose principal duty is the care, custody and control of
4 inmates, psychiatric security aides employed by the Department
5 of Public Welfare and the Department of Corrections whose
6 principal duty is the care, custody, and control of the
7 criminally insane, drug enforcement agents of the Office of
8 Attorney General whose principal duty is the enforcement of the
9 drug laws of the Commonwealth, special agents of the Office of
10 Attorney General whose principal duty is the enforcement of the
11 criminal laws of the Commonwealth, forest fire specialist
12 supervisors employed by the Bureau of Forestry in the Department
13 of Conservation and Natural Resources, member of the Delaware
14 River Port Authority Police, or policeman, county sheriff or
15 deputy sheriff or fireman, shall be compensable in accordance
16 with the terms hereof; and unless any such disability shall be
17 compensable under the compensation laws as having been caused by
18 accidental injury, such disability shall be compensable as
19 occupational disease disabilities are presently compensable
20 under the compensation laws of this Commonwealth. It shall be
21 presumed that tuberculosis of the respiratory system contracted
22 or incurred after four consecutive years of service was
23 contracted or incurred as a direct result of employment.
24 (c) In the case of any person receiving benefits pursuant to
25 this act, the statutes of limitations set forth in sections
26 306.1, 315, 413, and 434 of the act of June 2, 1915 (P.L.736,
27 No.338), known as "The Pennsylvania Workmen's Compensation Act,"
28 shall not begin to run until the expiration of the receipt of
29 benefits pursuant to this act.
30 (d) All payments herein required to be made by the
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1 Commonwealth of Pennsylvania on account of any member of the
2 State Police Force shall be made from moneys appropriated to the
3 Pennsylvania State Police, and any payments required to be made
4 on account of any enforcement officer or investigator employed
5 by the Pennsylvania Liquor Control Board shall be from
6 appropriations out of the State Stores Fund, any payments
7 required to be made on account of any parole agent, enforcement
8 officer or investigator employed by the Pennsylvania Board of
9 Probation and Parole shall be from moneys appropriated to the
10 Pennsylvania Board of Probation and Parole, any payments
11 required to be made on account of Capitol Police officers shall
12 be made from moneys appropriated to the Department of General
13 Services, any payments required to be made on account of any
14 correction officer shall be made from moneys appropriated to the
15 Department of Corrections, any payments required to be made on
16 account of any psychiatric security aides shall be made from
17 moneys appropriated to the Department of Public Welfare or the
18 Department of Corrections where appropriate, [and] any payments
19 required to be made on account of any drug enforcement agent or
20 special agents shall be made from moneys appropriated to the
21 Office of Attorney General; and any payments required to be made
22 on account of any forest fire specialist supervisor employed by
23 the Bureau of Forestry in the Department of Conservation and
24 Natural Resources shall be made from moneys appropriated to the
25 Department of Conservation and Natural Resources.
26 Section 2. This act shall take effect immediately.
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