PRINTER'S NO. 3650
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2221
Session of
2015
INTRODUCED BY MURT, BULLOCK, DRISCOLL, GIBBONS, ROZZI AND VEREB,
JUNE 28, 2016
REFERRED TO COMMITTEE ON LABOR AND INDUSTRY, JUNE 28, 2016
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 members of the State Police
Force, of the enforcement officers and investigators employed
by the Pennsylvania Liquor Control Board, and the parole
agents, enforcement officers and investigators of the
Pennsylvania Board of Probation and Parole, Capitol Police
officers, correction employes employed by the Department of
Corrections whose principal duty is the care, custody and
control of inmates, psychiatric security aides employed by
the Department of Public Welfare and the Department of
Corrections whose principal duty is the care, custody, and
control of the criminally insane, drug enforcement agents of
the Office of Attorney General whose principal duty is the
enforcement of the drug laws of the Commonwealth, special
agents of the Office of Attorney General whose principal duty
is the enforcement of the criminal laws of the Commonwealth,
members of the Delaware River Port Authority Police and of
policemen, firemen and park guards by the Commonwealth of
Pennsylvania, the Delaware River Port Authority, counties,
cities, boroughs, towns and townships, and sheriffs and
deputy sheriffs 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
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Benefits Law, amended March 15, 2006 (P.L.55, No.20) and July 7,
2006 (P.L.614, No.95), is amended to read:
Section 1. (a) Be it enacted, &c., That any member of the
State Police Force, any enforcement officer or investigator
employed by the Pennsylvania Liquor Control Board, and the
parole agents, enforcement officers and investigators of the
Pennsylvania Board of Probation and Parole, Capitol Police
officers, any member of the Temple University police, correction
employes employed by the Department of Corrections, whose
principal duty is the care, custody and control of inmates,
psychiatric security aides employed by the Department of Public
Welfare and the Department of Corrections, whose principal duty
is the care, custody, and control of the criminally insane, drug
enforcement agents of the Office of Attorney General whose
principal duty is the enforcement of the drug laws of the
Commonwealth, special agents of the Office of Attorney General
whose principal duty is the enforcement of the criminal laws of
the Commonwealth, any member of the Delaware River Port
Authority Police, any policeman, fireman or park guard of any
county, city, borough, town or township, or any sheriff or
deputy sheriff 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 a member of the State Police Force or an
enforcement officer or investigator employed by the Pennsylvania
Liquor Control Board or the parole agents, enforcement officers
and investigators of the Pennsylvania Board of Probation and
Parole, Capitol Police officers, any member of the Temple
University police, correction employes employed by the
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Department of Corrections, whose principal duty is the care,
custody and control of inmates, psychiatric security aides
employed by the Department of Public Welfare and the Department
of Corrections, whose principal duty is the care, custody, and
control of the criminally insane, drug enforcement agents of the
Office of Attorney General whose principal duty is the
enforcement of the drug laws of the Commonwealth, special agents
of the Office of Attorney General whose principal duty is the
enforcement of the criminal laws of the Commonwealth, or by the
Delaware River Port Authority if a member of the Delaware River
Port Authority Police or by the county, 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 the State Police Force, enforcement
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officers and investigators employed by the Pennsylvania Liquor
Control Board and the parole agents, enforcement officers and
investigators of the Pennsylvania Board of Probation and Parole,
Capitol Police officers, any member of the Temple University
police, correction employes employed by the Department of
Corrections, whose principal duty is the care, custody and
control of inmates, psychiatric security aides employed by the
Department of Public Welfare and the Department of Corrections
whose principal duty is the care, custody, and control of the
criminally insane, drug enforcement agents of the Office of
Attorney General whose principal duty is the enforcement of the
drug laws of the Commonwealth, special agents of the Office of
Attorney General whose principal duty is the enforcement of the
criminal laws of the Commonwealth, members of the Delaware River
Port Authority Police, salaried policemen and firemen, and
sheriffs and deputy sheriffs 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 of any such member of the State Police
Force, enforcement officer, investigator employed by the
Pennsylvania Liquor Control Board, guard or enforcement officer
employed by the Department of Corrections or parole agent,
enforcement officer or investigator of the Pennsylvania Board of
Probation and Parole, Capitol Police officers, any member of the
Temple University police, correction employes employed by the
Department of Corrections whose principal duty is the care,
custody and control of inmates, psychiatric security aides
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employed by the Department of Public Welfare and the Department
of Corrections whose principal duty is the care, custody, and
control of the criminally insane, drug enforcement agents of the
Office of Attorney General whose principal duty is the
enforcement of the drug laws of the Commonwealth, special agents
of the Office of Attorney General whose principal duty is the
enforcement of the criminal laws of the Commonwealth, member of
the Delaware River Port Authority Police, policeman or fireman,
or sheriff or deputy sheriff 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 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) 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, and any payments required to be made
on account of any enforcement officer or investigator employed
by the Pennsylvania Liquor Control Board shall be from
appropriations out of the State Stores Fund, any payments
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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 from moneys appropriated to the
Pennsylvania Board of Probation and Parole, any payments
required to be made on account of Capitol Police officers shall
be made from moneys appropriated to the Department of General
Services, any payments required to be made on account of any
correction employe shall be made from moneys appropriated to the
Department of Corrections, any payments required to be made on
account of any psychiatric security aides shall be made from
moneys appropriated to the Department of Public Welfare or the
Department of Corrections where appropriate, any payments
required to be made on account of any member of the Temple
University police shall be made from moneys provided by Temple
University, and 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.
Section 2. This act shall take effect in 60 days.
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