2006 New York Code - Receipt Of Line Of Duty Pay.



 
    §  14-122.1  Receipt  of line of duty pay. a. A member of the force in
  the rank of police officer, other than an officer  who  is  detailed  or
  designated  as  a detective or who holds the position of sergeant or any
  position of higher rank in such force, shall  be  entitled  pursuant  to
  this  section  to  the  full amount of his or her regular salary for the
  period of any incapacity due  to  illness  or  injury  incurred  in  the
  performance  and  discharge  of  duty  as  a  member  of  the  force, as
  determined by the department.
    b. A member of the force who is detailed or designated as a  detective
  or  who holds the position of sergeant or any position of higher rank in
  such force shall be entitled pursuant to this section to the full amount
  of his or her regular salary for the period of  any  incapacity  due  to
  illness or injury incurred in the performance and discharge of duty as a
  member  of the force, as determined by the department, only in the event
  that  a  collective  bargaining  agreement  granting  such   entitlement
  pursuant  to  this  section  has been made by the city and the certified
  employee organization representing such member. The first entitlement of
  any such member of the force to the full amount of regular salary  under
  this  section  shall commence on the date of execution of the collective
  bargaining agreement providing for such entitlement with respect to such
  member.
    c. Nothing in this section shall be construed to  affect  the  rights,
  powers and duties of the commissioner pursuant to any other provision of
  law,  including, but not limited to, the right to discipline a member of
  the force by termination, reduction of salary, or any other  appropriate
  measure;  the  power to terminate an appointee who has not completed his
  or her probationary term;  and  the  power  to  apply  for  ordinary  or
  accident disability retirement for a member of the force.
    d.  Nothing  in  this section shall be construed to require payment of
  salary to a member of  the  force  who  has  been  terminated,  retired,
  suspended  or  otherwise  separated  from  service  by  reason of death,
  retirement or any other cause.
    e. A decision as to eligibility for benefits pursuant to this  section
  shall  not  be  binding on the medical board or the board of trustees of
  any pension fund in the determination of  eligibility  for  an  accident
  disability or accidental death benefit.
    f.  As  used  in  this  section  the  term "incapacity" shall mean the
  inability to perform full, limited, or restricted duty.

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