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 county correction officers.

26The General Assembly of the Commonwealth of Pennsylvania
27hereby enacts as follows:

28Section 1. The title and section 1 of the act of June 28, 
291935 (P.L.477, No.193), referred to as the Enforcement Officer

1Disability Benefits Law, amended March 15, 2006 (P.L.55, No.20)
2and July 7, 2006 (P.L.614, No.95), are amended to read:

3AN ACT

4Providing for the payment of the salary, medical and hospital
5expenses of members of the State Police Force, of the
6enforcement officers and investigators employed by the
7Pennsylvania Liquor Control Board, and the parole agents,
8enforcement officers and investigators of the Pennsylvania
9Board of Probation and Parole, Capitol Police officers,
10correction employes employed by the Department of Corrections
11whose principal duty is the care, custody and control of
12inmates, psychiatric security aides employed by the
13Department of Public Welfare and the Department of
14Corrections whose principal duty is the care, custody, and
15control of the criminally insane, drug enforcement agents of
16the Office of Attorney General whose principal duty is the
17enforcement of the drug laws of the Commonwealth, special
18agents of the Office of Attorney General whose principal duty
19is the enforcement of the criminal laws of the Commonwealth,
20members of the Delaware River Port Authority Police, any 
21correction officer employed by a county whose principal duty 
22is the care, custody and control of inmates of any county 
23correctional facility and of policemen, firemen and park
24guards by the Commonwealth of Pennsylvania, the Delaware
25River Port Authority, counties, cities, boroughs, towns and
26townships, and sheriffs and deputy sheriffs who are injured
27or contract certain diseases in the performance of their
28duty; and providing that absence during such injury shall not
29reduce any usual sick leave period.

30Section 1. (a) Be it enacted, &c., That any member of the

1State Police Force, any enforcement officer or investigator
2employed by the Pennsylvania Liquor Control Board, and the
3parole agents, enforcement officers and investigators of the
4Pennsylvania Board of Probation and Parole, Capitol Police
5officers, correction employes employed by the Department of
6Corrections, whose principal duty is the care, custody and
7control of inmates, psychiatric security aides employed by the
8Department of Public Welfare and the Department of Corrections,
9whose principal duty is the care, custody, and control of the
10criminally insane, drug enforcement agents of the Office of
11Attorney General whose principal duty is the enforcement of the
12drug laws of the Commonwealth, special agents of the Office of
13Attorney General whose principal duty is the enforcement of the
14criminal laws of the Commonwealth, any member of the Delaware
15River Port Authority Police, any correction officer employed by 
16a county whose principal duty is the care, custody and control 
17of inmates of any county correctional facility, or any
18policeman, fireman or park guard of any county, city, borough,
19town or township, or any sheriff or deputy sheriff who is
20injured in the performance of his duties including, in the case
21of firemen, duty as special fire police, and by reason thereof
22is temporarily incapacitated from performing his duties, shall
23be paid by the Commonwealth of Pennsylvania if a member of the
24State Police Force or an enforcement officer or investigator
25employed by the Pennsylvania Liquor Control Board or the parole
26agents, enforcement officers and investigators of the
27Pennsylvania Board of Probation and Parole, Capitol Police
28officers, correction employes employed by the Department of
29Corrections, whose principal duty is the care, custody and
30control of inmates, psychiatric security aides employed by the

1Department of Public Welfare and the Department of Corrections,
2whose principal duty is the care, custody, and control of the
3criminally insane, drug enforcement agents of the Office of
4Attorney General whose principal duty is the enforcement of the
5drug laws of the Commonwealth, special agents of the Office of
6Attorney General whose principal duty is the enforcement of the
7criminal laws of the Commonwealth, or by the Delaware River Port
8Authority if a member of the Delaware River Port Authority
9Police or by the county, township or municipality, by which he
10is employed, his full rate of salary, as fixed by ordinance or
11resolution, until the disability arising therefrom has ceased.
12All medical and hospital bills, incurred in connection with any
13such injury, shall be paid by the Commonwealth of Pennsylvania
14or by the Delaware River Port Authority or by such county,
15township or municipality. During the time salary for temporary
16incapacity shall be paid by the Commonwealth of Pennsylvania or
17by the Delaware River Port Authority or by the county, city,
18borough, town or township, any workmen's compensation, received
19or collected by any such employe for such period, shall be
20turned over to the Commonwealth of Pennsylvania or to the
21Delaware River Port Authority or to such county, city, borough,
22town or township, and paid into the treasury thereof, and if
23such payment shall not be so made by the employe the amount so
24due the Commonwealth of Pennsylvania, the Delaware River Port
25Authority or the county, city, borough, town or township shall
26be deducted from any salary then or thereafter becoming due and
27owing.

28(b) In the case of the State Police Force, enforcement
29officers and investigators employed by the Pennsylvania Liquor
30Control Board and the parole agents, enforcement officers and

1investigators of the Pennsylvania Board of Probation and Parole,
2Capitol Police officers, correction employes employed by the
3Department of Corrections, whose principal duty is the care,
4custody and control of inmates, psychiatric security aides
5employed by the Department of Public Welfare and the Department
6of Corrections whose principal duty is the care, custody, and
7control of the criminally insane, drug enforcement agents of the
8Office of Attorney General whose principal duty is the
9enforcement of the drug laws of the Commonwealth, special agents
10of the Office of Attorney General whose principal duty is the
11enforcement of the criminal laws of the Commonwealth, members of
12the Delaware River Port Authority Police, correction officers 
13employed by a county whose principal duty is the care, custody 
14and control of inmates of any county correctional facility,
15salaried policemen and firemen, and sheriffs and deputy sheriffs
16who have served for four consecutive years or longer, diseases
17of the heart and tuberculosis of the respiratory system,
18contracted or incurred by any of them after four years of
19continuous service as such, and caused by extreme overexertion
20in times of stress or danger or by exposure to heat, smoke,
21fumes or gases, arising directly out of the employment of any
22such member of the State Police Force, enforcement officer,
23investigator employed by the Pennsylvania Liquor Control Board,
24guard or enforcement officer employed by the Department of
25Corrections or parole agent, enforcement officer or investigator
26of the Pennsylvania Board of Probation and Parole, Capitol
27Police officers, correction employes employed by the Department
28of Corrections whose principal duty is the care, custody and
29control of inmates, psychiatric security aides employed by the
30Department of Public Welfare and the Department of Corrections

1whose principal duty is the care, custody, and control of the
2criminally insane, drug enforcement agents of the Office of
3Attorney General whose principal duty is the enforcement of the
4drug laws of the Commonwealth, special agents of the Office of
5Attorney General whose principal duty is the enforcement of the
6criminal laws of the Commonwealth, member of the Delaware River
7Port Authority Police, correction officer employed by a county,
8policeman or fireman, or sheriff or deputy sheriff shall be
9compensable in accordance with the terms hereof; and unless any
10such disability shall be compensable under the compensation laws
11as having been caused by accidental injury, such disability
12shall be compensable as occupational disease disabilities are
13presently compensable under the compensation laws of this
14Commonwealth. It shall be presumed that tuberculosis of the
15respiratory system contracted or incurred after four consecutive
16years of service was contracted or incurred as a direct result
17of employment.

18(c) In the case of any person receiving benefits pursuant to
19this act, the statutes of limitations set forth in sections
20306.1, 315, 413, and 434 of the act of June 2, 1915 (P.L.736, 
21No.338), known as the "Workers' Compensation Act," shall not
22begin to run until the expiration of the receipt of benefits
23pursuant to this act.

24(d) All payments herein required to be made by the
25Commonwealth of Pennsylvania on account of any member of the
26State Police Force shall be made from moneys appropriated to the
27Pennsylvania State Police, and any payments required to be made
28on account of any enforcement officer or investigator employed
29by the Pennsylvania Liquor Control Board shall be from
30appropriations out of the State Stores Fund, any payments

1required to be made on account of any parole agent, enforcement
2officer or investigator employed by the Pennsylvania Board of
3Probation and Parole shall be from moneys appropriated to the
4Pennsylvania Board of Probation and Parole, any payments
5required to be made on account of Capitol Police officers shall
6be made from moneys appropriated to the Department of General
7Services, any payments required to be made on account of any
8State correction employe shall be made from moneys appropriated
9to the Department of Corrections, any payments required to be
10made on account of any psychiatric security aides shall be made
11from moneys appropriated to the Department of Public Welfare or
12the Department of Corrections where appropriate, and any
13payments required to be made on account of any drug enforcement
14agent or special agents shall be made from moneys appropriated
15to the Office of Attorney General.

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