NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A1675
SPONSOR: Cahill (MS) TITLE OF BILL: An act to amend the general municipal law, in relation
to eligibility for disability benefits for injuries sustained while
performing the high risk duties of law enforcement
PURPOSE OR GENERAL IDEA OF BILL: This measure provides for a more
specific standard for the eligibility of benefits for injuries sustained
while performing the high risk duties of law enforcement.
SUMMARY OF SPECIFIC PROVISIONS: Section 1 of this bill adds to
Section 207-c of the General Municipal Law the specific provision
"entailing the heightened risk of law enforcement" to Subsection 1 of
this section as well as Subsection 2 and Subdivisions 4 and 6 of this
section.
Section 207-c, Subsections 2, 3, 4, 5 and Subdivisions 1, 4 & 6 are
amended to redefine the term "policeman" to be referred to as "police
officer."
JUSTIFICATION: Recently, the New York State Court of Appeals ruled
that a "heightened risk" standard allowing an officer to qualify for
workers' compensation benefits due to injuries caused by performing
high-risk duties does not exist in the General Municipal Law.
THEROUX
V. REILLY, 2003 WL 22844403 (New York State Court of Appeals, December
2, 2003).
Previously, New York State Law required police officers to prove that
they were hurt performing "special work related to the nature of height-
ened risk and duties" before they qualified for General Municipal Law
Section 207-c benefits. Municipalities are required by this section of
the law to pay in full a police officer's salary and wages, plus medical
expenses when injured in the line of duty. The courts ruling in
THEROUX
V. REILLY could potentially open the door to all kinds of injury claims
that were not related directly to heightened risk of serving as a police
officer, such as an officer who slips on the ice and gets injured while
walking in the parking lot to his or her car or a police officer who
falls out of a chair while at his or her desk. This measure adds
language to the General Municipal Law Section 207-c to provide for a
more specific standard for police officers to collect certain compen-
sation benefits due to injuries sustained on the job where their duties
entail a high risk environment.
PRIOR LEGISLATIVE HISTORY:
2009-2010 A583 Referred to Governmental Employees
2007-2008 A790 Referred to Government Employees
2005-2006 A2120 Referred to Government Employees
2003-2004 A10851 Reference changed to Governmental Employees from Local
Governments
FISCAL IMPLICATIONS: None
EFFECTIVE DATE: This act shall take effect immediately, provided that
the amendments of Section 207-c of the General Municipal Law made by
Section 1 of this act shall be subject to the expiration and revision of
Subdivisions 1, 4, & 6 of such section pursuant to Section 7 of Chapter
628 of the Laws of 1991, as amended, when upon such date the provisions
of Section 2 of this law take effect.
