2023 Pennsylvania Consolidated & Unconsolidated Statutes › Act 60 - ENFORCEMENT OFFICER DISABILITY BENEFITS LAW - DISABILITY BENEFITS

Session of 2023
No. 2023-60
SB 429
AN ACT
Amending the act of June 28, 1935 (P.L.477, No.193), entitled "An act providing for
            the payment of the salary, medical and hospital expenses of certain employes of State
            and local government 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 and for definitions.
The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:
Section 1.  Sections 1 and 2.1 of the act of June 28, 1935 (P.L.477, No.193), referred to as the
            Enforcement Officer Disability Benefits Law (Heart and Lung Act), are amended to read:
Section 1.  (a)  Be it enacted, &c., That:
(1)  any member of the State Police Force;
(2)  any enforcement officer or investigator employed by the Pennsylvania Liquor Control
            Board;
(3)  the parole agents[, enforcement officers and investigators of the Pennsylvania Board
            of Probation and Parole]
employed by the Department of Corrections
;
(3.1)  probation officers employed by a participating county;
(4)  Capitol Police officers;
(4.1)  campus police officers employed by a participating university;
(5)  correction employes employed by the Department of Corrections, whose principal duty
            is the care, custody and control of inmates;
(5.1)  commissioned police officers employed by the Department of Corrections, Bureau of
            Investigations and Intelligence;
(6)  psychiatric security aides employed by the Department of Human Services and the Department
            of Corrections, whose principal duty is the care, custody, and control of the criminally
            insane;
(7)  drug enforcement agents of the Office of Attorney General whose principal duty is
            the enforcement of the drug laws of the Commonwealth;
(8)  special agents of the Office of Attorney General whose principal duty is the enforcement
            of the criminal laws of the Commonwealth;
(9)  any member of the Delaware River Port Authority Police;
(10)  any policeman, fireman or park guard of any county, city, borough, town or township;
(10.1)  firemen employed by the Commonwealth;
(11)  any sheriff or deputy sheriff; [or]
(12)  any enforcement officer or investigator of the Pennsylvania Game Commission or the
            Pennsylvania Fish and Boat Commission;
(13)  DCNR Rangers, DCNR Ranger Supervisors, DCNR Ranger Operations Specialists, DCNR Ranger
            Trainees and State Park Officers employed by the Department of Conservation and Natural
            Resources;
(14)  members of the Fort Indiantown Gap Police;
(15)  enforcement officers, as defined in 71 Pa.C.S. § 5102 (relating to definitions), who
            are employed by the Office of State Inspector General and whose principal duties include
            the enforcement of the provisions specified in section 506-A of the act of April 9,
            1929 (P.L.177, No.175), known as "The Administrative Code of 1929";
(16)  transit police officers employed by a participating transit or port authority;
(17)  members of the Allegheny County Housing Authority Police;
(18)  housing police officers employed by a participating housing authority; or
(19)  corrections officers or jail guards employed by a participating county and whose principal
            duty is the care, custody and control of inmates;
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 an employe
            identified under paragraph (1), (2), (3), (4), (5),
(5.1),
(6), (7), (8) [or]
,
(12)
, (13), (14) or (15)
or by the Delaware River Port Authority if a member of the Delaware River Port Authority
            Police
or by the
participating
university if a campus police
officer or by a participating transit or port authority if a
transit police officer or by the Allegheny County Housing
Authority if a member of the Allegheny County Housing Authority
Police or by a participating housing authority if a housing
police officer
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 the
participating
university or by the
participating transit or port authority or by the Allegheny
County Housing Authority or by the participating housing
authority
or by such county, city, 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
participating
university or by the
participating transit or port authority or by the Allegheny
County Housing Authority or by the participating housing
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 the
participating
university or to the
participating transit or port authority or to the Allegheny
County Housing Authority or to the participating housing
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
participating
university or the participating transit or port
authority or the Allegheny County Housing Authority or the
participating housing 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:
(1)  the State Police Force;
(2)  enforcement officers and investigators employed by the Pennsylvania Liquor Control
            Board;
(3)  the parole agents[, enforcement officers and investigators of the Pennsylvania Board
            of Probation and Parole]
employed by the Department of Corrections
;
(3.1)  probation officers employed by a participating county;
(4)  Capitol Police officers;
(4.1)  campus police officers employed by a participating university;
(5)  correction employes employed by the Department of Corrections, whose principal duty
            is the care, custody and control of inmates;
(5.1)  commissioned police officers employed by the Department of Corrections, Bureau of
            Investigations and Intelligence;
(6)  psychiatric security aides employed by the Department of Human Services and the Department
            of Corrections whose principal duty is the care, custody, and control of the criminally
            insane;
(7)  drug enforcement agents of the Office of Attorney General whose principal duty is
            the enforcement of the drug laws of the Commonwealth;
(8)  special agents of the Office of Attorney General whose principal duty is the enforcement
            of the criminal laws of the Commonwealth;
(9)  members of the Delaware River Port Authority Police;
(10)  salaried policemen and firemen;
(10.1)  firemen employed by the Commonwealth;
(11)  sheriffs and deputy sheriffs; [and]
(12)  enforcement officers and investigators of the Pennsylvania Game Commission and the
            Pennsylvania Fish and Boat Commission;
(13)  DCNR Rangers, DCNR Ranger Supervisors, DCNR Ranger Operations Specialists, DCNR Ranger
            Trainees and State Park Officers employed by the Department of Conservation and Natural
            Resources;
(14)  members of the Fort Indiantown Gap Police;
(15)  enforcement officers, as defined in 71 Pa.C.S. § 5102, who are employed by the Office
            of State Inspector General and whose principal duties include the enforcement of the
            provisions specified in section 506-A of "The Administrative Code of 1929";
(16)  transit police officers employed by a participating transit or port authority;
(17)  members of the Allegheny County Housing Authority Police;
(18)  housing police officers employed by a participating housing authority; and
(19)  corrections officers or jail guards employed by a participating county and whose principal
            duty is the care, custody and control of inmates;
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 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)  (1)  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.
(2)  Any payments required to be made on account of any enforcement officer or investigator
            employed by the Pennsylvania Liquor Control Board shall be made from appropriations
            out of the State Stores Fund.
[(3)  Any payments 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
            made from moneys appropriated to the Pennsylvania Board of Probation and Parole.]
(4)  Any payments required to be made on account of Capitol Police officers shall be made
            from moneys appropriated to the Department of General Services.
(5)  Any payments required to be made on account of any correction employe
, parole agent
or any commissioned police officer employed
by the Department of Corrections, Bureau of Investigations and
Intelligence,
shall be made from moneys appropriated to the Department of Corrections.
(6)  Any payments required to be made on account of any psychiatric security aides shall
            be made from moneys appropriated to the Department of Human Services or the Department
            of Corrections where appropriate.
(6.1)  Any payments required to be made on account of any
campus police officers employed by a
participating
university
shall be made from moneys appropriated to the
participating
university.
(6.2)  Any payments required to be made on account of any DCNR Rangers, DCNR Ranger Supervisors,
            DCNR Ranger Operations Specialists, DCNR Ranger Trainees and State Park Officers employed
            by the Department of Conservation and Natural Resources shall be made from moneys
            appropriated to the Department of Conservation and Natural Resources.
(6.3)  Any payments required to be made on account of any members of the Fort Indiantown
            Gap Police Force employed by the Department of Military and Veterans Affairs shall
            be made from moneys appropriated to the Department of Military and Veterans Affairs.
(6.4)  Any payments required to be made on account of any enforcement officer, as defined
            in 71 Pa.C.S. § 5102, who is employed by the Office of State Inspector General and
            whose principal duties include the enforcement of the provisions specified in section
            506-A of "The Administrative Code of 1929," shall be made from moneys appropriated
            to the Office of State Inspector General.
(6.5)  (Reserved).
(6.6)  Any payments required to be made on account of any members of a participating transit
            or port authority shall be made from moneys appropriated to the participating transit
            or port authority.
(6.7)  Any payments required to be made on account of any   members of the Allegheny County Housing Authority Police shall be made from any moneys
            appropriated to the Allegheny County Housing Authority.
(6.8)  Any payments required to be made on account of any members of a participating housing
            authority shall be made from moneys appropriated to the housing authority.
(7)  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 and
            any payments required to be made on account of any fireman employed by the Commonwealth
            shall be made from moneys appropriated to the employing agency.
(8)  Any payments required to be made on account of any enforcement officers or investigators
            of the Pennsylvania Game Commission shall be made from moneys appropriated to the
            Pennsylvania Game Commission or executively authorized from the Game Fund under 34
            Pa.C.S. Ch. 5 Subch. B (relating to Game Fund).
(9)  Any payments required to be made on account of any enforcement officers or investigators
            of the Pennsylvania Fish and Boat Commission shall be made from moneys appropriated
            to the Pennsylvania Fish and Boat Commission or executively authorized from the Fish
            Fund under 30 Pa.C.S. Ch. 5 Subch. B (relating to the Fish Fund) or the Boat Fund
            under 30 Pa.C.S. Ch. 5 Subch. C (relating to the Boat Fund).
Section 2.1.  For the purposes of this act, the [term "fireman" shall mean and include the following:]
following words
and phrases shall have the meanings given to them in this
section unless the context clearly indicates otherwise:
"Fireman."  Any of the following:
(1)  Paid firemen not employed by the Commonwealth.
(2)  Emergency medical services personnel employed within a city fire department.
(3)  Firemen of airport authorities, including fire suppression instructors.
(4)  Fire and safety marshals who are firemen employed by the Commonwealth.
(5)  Fire academy instructors employed at the State Fire Academy.
(6)  Assistant fire marshals employed by the Commonwealth.
(7)  [Forest patrolmen and forest technicians]
Forest fire
wardens or wildland firefighters
employed by the Commonwealth.
"Participating county."  A county that elects or bargains to participate in this act by posting a notice on
            the county's publicly accessible Internet website, which election shall be irrevocable
            after participation commences.
"Participating housing authority."  A housing authority that elects or bargains to participate in this act by posting
            a notice on the housing authority's publicly accessible Internet website, which election
            shall be irrevocable after participation commences.
"Participating transit or port authority."  A transit or port authority that elects or bargains to participate in this act by
            posting a notice on the transit or port authority's publicly accessible Internet website,
            which election shall be irrevocable after participation commences.
"Participating university."  Any of the following that elects or bargains to participate in this act by posting
            a notice on the university's publicly accessible Internet website, which election
            shall be irrevocable after participation commences:
(1)  A State-owned university.
(2)  A community college.
(3)  A State-related college or university.
(4)  A State-aided college or university.
Section 2.  This act shall take effect in 120 days.
APPROVED--The 14th day of December, A.D. 2023.
JOSH SHAPIRO