PRINTER'S NO. 467
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
479
Session of
2019
INTRODUCED BY GROVE, RYAN, ROTHMAN, MILLARD, KEEFER AND JAMES,
FEBRUARY 12, 2019
REFERRED TO COMMITTEE ON LABOR AND INDUSTRY, FEBRUARY 12, 2019
AN ACT
Amending the act of December 8, 1959 (P.L.1718, No.632),
entitled "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," further 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 "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 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"] act of July 9,
1976 (P.L.817, No.143), known as the Mental Health Procedures
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] the employe's full salary[,] for no more than three years
from the date of the injury, or until the disability arising
therefrom no longer prevents [his] the employe's return as an
employe of such department, board or institution at a salary
equal to that earned by [him] the employe 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 for no more than three years from the date of the
injury, or until the disability arising from such injury no
longer prevents [his] the employe's return as an employe of such
department, board or institution at a salary equal to that
earned by [him] the employe at the time of [his] injury,
whichever is sooner.
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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
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] surviving spouse 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] surviving spouse and minor dependents not in
[her] the surviving spouse's custody are entitled to payments,
one-half of such payments shall be paid to the [widow] surviving
spouse 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] surviving spouse or a [widow]
surviving spouse with minor dependents in [her] the surviving
spouse's custody, such benefits shall terminate when such
[widow] surviving spouse remarries. In the case of minor
dependents, except when in the custody of a remarried [widow]
surviving spouse, such benefits shall terminate when all of the
minor dependents become eighteen years of age. Neither a [widow]
surviving spouse nor minor dependents shall receive any benefits
under this act while receiving benefits under the [Federal]
Social Security [Law] Act (49 Stat. 620, 42 U.S.C. ยง 301 et
seq.). The benefits provided by this act shall be reduced by the
amount of any workmen's compensation benefits received or
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collected by any such [widow] surviving spouse 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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