§ 207-C — Payment of salary, wages, medical and hospital expenses of police officers with injuries or illness incurred in the performance of duties

New York § 207-C

• Jurisdiction: New York
• Law GMU: General Municipal
• Art. 10: Firefighters and Police Officers

Text

§ 207-c. Payment of salary, wages, medical and hospital expenses of\npolice officers with injuries or illness incurred in the performance of\nduties. * 1. Any sheriff, undersheriff, deputy sheriff or corrections\nofficer of the sheriff's department of any county or any member of a\npolice force of any county, city of less than one million population,\ntown or village, or of any district, agency, board, body or commission\nthereof, or any LIRR police officer as defined in paragraph two of\nsubdivision a of section three hundred eighty-nine of the retirement and\nsocial security law whose benefits are provided in and pursuant to such\nsection three hundred eighty-nine, or a detective-investigator or any\nother investigator who is a police officer pursuant to the provisions of\nthe criminal procedure law employed in the office of a district attorney\nof any county, or any corrections officer of the county of Erie\ndepartment of corrections, or an advanced ambulance medical technician\nemployed by the county of Nassau, or any detention officer employed by\nthe city of Yonkers, or any supervising fire inspector, fire inspector,\nfire marshal, or assistant fire marshal employed full-time in the county\nof Nassau fire marshal's office, or at the option of the county of\nNassau, any probation officer of the county of Nassau who is injured in\nthe performance of his or her duties or who is taken sick as a result of\nthe performance of his or her duties so as to necessitate medical or\nother lawful remedial treatment shall be paid by the municipality or The\nLong Island Rail Road Company by which he or she is employed the full\namount of his or her regular salary or wages from such employer until\nhis or her disability arising therefrom has ceased, and, in addition\nsuch municipality or The Long Island Rail Road Company shall be liable\nfor all medical treatment and hospital care necessitated by reason of\nsuch injury or illness. Provided, however, and notwithstanding the\nforegoing provisions of this section, the municipal or The Long Island\nRail Road Company health authorities or any physician appointed for the\npurpose by the municipality or The Long Island Rail Road Company, as\nrelevant, after a determination has first been made that such injury or\nsickness was incurred during, or resulted from, such performance of\nduty, may attend any such injured or sick police officer, from time to\ntime, for the purpose of providing medical, surgical or other treatment,\nor for making inspections, and the municipality or The Long Island Rail\nRoad Company, as the case may be, shall not be liable for salary or\nwages payable to such police officer, or for the cost of medical\ntreatment or hospital care furnished after such date as such health\nauthorities or physician shall certify that such injured or sick police\nofficer has recovered and is physically able to perform his or her\nregular duties. Any injured or sick police officer who shall refuse to\naccept medical treatment or hospital care or shall refuse to permit\nmedical inspections as herein authorized, including examinations\npursuant to subdivision two of this section, shall be deemed to have\nwaived his or her rights under this section in respect to expenses for\nmedical treatment or hospital care rendered and for salary or wages\npayable after such refusal.\n Notwithstanding any provision of law to the contrary, a provider of\nmedical treatment or hospital care furnished pursuant to the provisions\nof this section shall not collect or attempt to collect reimbursement\nfor such treatment or care from any such police officer, any such\nadvanced ambulance medical technician or any such detention officer.\n * NB Effective until certain provisions provided in chapter 628 of\n1991 § 7 have been met.\n * 1. Any sheriff, undersheriff, deputy sheriff or corrections officer\nof the sheriff's department of any county (hereinafter referred to as a\n"police officer") or any member of a police force of any county, city of\nless than one million population, town or village, or of any district,\nagency, board, body or commission thereof, or a detective-investigator\nor any other investigator who is a police officer pursuant to the\nprovisions of the criminal procedure law employed in the office of a\ndistrict attorney of any county, or any corrections officer of the\ncounty of Erie department of corrections, or an advanced ambulance\nmedical technician employed by the county of Nassau, or any detention\nofficer employed by the city of Yonkers, or any supervising fire\ninspector, fire inspector, fire marshal or assistant fire marshal\nemployed full-time in the county of Nassau fire marshal's office, or at\nthe option of the county of Nassau, any probation officer of the county\nof Nassau who is injured in the performance of his or her duties or who\nis taken sick as a result of the performance of his or her duties so as\nto necessitate medical or other lawful remedial treatment shall be paid\nby the municipality by which he or she is employed the full amount of\nhis or her regular salary or wages until his or her disability arising\ntherefrom has ceased, and, in addition such municipality shall be liable\nfor all medical treatment and hospital care necessitated by reason of\nsuch injury or illness. Provided, however, and notwithstanding the\nforegoing provisions of this section, the municipal health authorities\nor any physician appointed for the purpose by the municipality, after a\ndetermination has first been made that such injury or sickness was\nincurred during, or resulted from, such performance of duty, may attend\nany such injured or sick police officer, from time to time, for the\npurpose of providing medical, surgical or other treatment, or for making\ninspections and the municipality shall not be liable for salary or wages\npayable to such police officer, or for the cost of medical treatment or\nhospital care furnished after such date as such health authorities or\nphysician shall certify that such injured or sick police officer has\nrecovered and is physically able to perform his or her regular duties.\nAny injured or sick police officer who shall refuse to accept medical\ntreatment or hospital care or shall refuse to permit medical inspections\nas herein authorized, including examinations pursuant to subdivision two\nof this section, shall be deemed to have waived his or her rights under\nthis section in respect to expenses for medical treatment or hospital\ncare rendered and for salary or wages payable after such refusal.\n Notwithstanding any provision of law to the contrary, a provider of\nmedical treatment or hospital care furnished pursuant to the provisions\nof this section shall not collect or attempt to collect reimbursement\nfor such treatment or care from any such police officer, a member of a\npolice force of any county, city, any such advanced ambulance medical\ntechnician, any such detention officer or any such\ndetective-investigator or any other such investigator who is a police\nofficer pursuant to the provisions of the criminal procedure law.\n * NB Effective when certain provisions provided in chapter 628 of 1991\n§ 7 have been met\n 2. Payment of the full amount of regular salary or wages, as provided\nby subdivision one of this section, shall be discontinued with respect\nto any police officer who is permanently disabled as a result of an\ninjury or sickness incurred or resulting from the performance of his or\nher duties if such police officer is granted an accidental disability\nretirement allowance pursuant to section three hundred sixty-three of\nthe retirement and social security law, a retirement for disability\nincurred in performance of duty allowance pursuant to section three\nhundred sixty-three-c of the retirement and social security law or\nsimilar accidental disability pension provided by the pension fund of\nwhich he or she is a member. If application for such retirement\nallowance or pension is not made by such police officer, application\ntherefor may be made by the head of the police force or as otherwise\nprovided by the chief executive officer or local legislative body of the\nmunicipality by which such police officer is employed.\n 3. If such a police officer is not eligible for or is not granted such\naccidental disability retirement allowance or retirement for disability\nincurred in performance of duty allowance or similar accidental\ndisability pension and is nevertheless, in the opinion of such health\nauthorities or physician, unable to perform his or her regular duties as\na result of such injury or sickness but is able, in their opinion, to\nperform specified types of light police duty, payment of the full amount\nof regular salary or wages, as provided by subdivision one of this\nsection, shall be discontinued with respect to such police officer if he\nor she shall refuse to perform such light police duty if the same is\navailable and offered to him or her, provided, however, that such light\nduty shall be consistent with his or her status as a police officer and\nshall enable him or her to continue to be entitled to his or her regular\nsalary or wages, including increases thereof and fringe benefits, to\nwhich he or she would have been entitled if he or she were able to\nperform his or her regular duties.\n * 4. The appropriate municipal officials may transfer such a police\nofficer to a position in another agency or department where they are\nable to do so pursuant to applicable civil service requirements and\nprovided the police officer shall consent thereto.\n * NB Effective until certain provisions provided in chapter 628 of\n1991 § 7 have been met\n * 4. The appropriate municipal or The Long Island Rail Road Company\nofficials may transfer a police officer to a position in another agency\nor department where they are able to do so pursuant to applicable civil\nservice or The Long Island Rail Road Company requirements and provided\nthe police officer shall consent thereto.\n * NB Effective when certain provisions provided in chapter 628 of 1991\n§ 7 have been met\n 5. If such a police officer is not eligible for or is not granted an\naccidental disability retirement allowance or retirement for disability\nincurred in performance of duty allowance or similar accidental\ndisability pension, he or she shall not be entitled to further payment\nof the full amount of regular salary or wages, as provided by\nsubdivision one of this section, after he or she shall have attained the\nmandatory service retirement age applicable to him or her or shall have\nattained the age or performed the period of service specified by\napplicable law for the termination of his or her service. Where such a\npolice officer is transferred to another position pursuant to\nsubdivision four of this section or retires or is retired under any\nprocedure applicable to him or her, including but not limited to\ncircumstances described in subdivision two of this section or in this\nsubdivision, he or she shall thereafter, in addition to any retirement\nallowance or pension to which he or she is then entitled, continue to be\nentitled to medical treatment and hospital care necessitated by reason\nof such injury or illness.\n * 6. Notwithstanding any provision of law contrary thereto contained\nherein or elsewhere, a cause of action shall accrue to the municipality\nfor reimbursement in such sum or sums actually paid as salary or wages\nand or for medical treatment and hospital care as against any third\nparty against whom the police officer shall have a cause of action for\nthe injury sustained or sickness caused by such third party.\n * NB Effective until certain provisions provided in chapter 628 of\n1991 § 7 have been met.\n * 6. Notwithstanding any provision of law contrary thereto contained\nherein or elsewhere, a cause of action shall accrue to the municipality\nor The Long Island Rail Road Company for reimbursement in such sum or\nsums actually paid as salary or wages and or for medical treatment and\nhospital care as against any third party against whom the police officer\nshall have a cause of action for the injury sustained or sickness caused\nby such third party.\n * NB Effective when certain provisions provided in chapter 628 of 1991\n§ 7 have been met\n