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§ 14303.2. Total disability

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 11 Pa.C.S.A. CitiesEffective: January 25, 2016

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 11 Pa.C.S.A. Cities
Part V. Third Class Cities (Refs & Annos)
Chapter 143. Pensions
Subchapter A. Police
Effective: January 25, 2016
11 Pa.C.S.A. § 14303.2
Formerly cited as PA ST 53 P.S. § 39303.2
§ 14303.2. Total disability
(a) Injury sustained in the line of duty.--Notwithstanding any provision of this chapter, a police officer who becomes totally disabled due to an injury sustained in the line of duty shall be deemed to be fully vested in the police pension fund regardless of the actual number of years of credited service and shall be eligible for immediate retirement benefits.
(b) Claim and proof.--The governing body of the city shall decide a claim under this section. Proof of disability shall be by competent medical evidence provided by the claimant. The governing body of the city may, at any time, have the claimant examined by its own physician.
(c) Procedure.--A claim under this section may be initiated as the regulations of council prescribe. Hearings and appeals shall be as provided in 2 Pa.C.S. (relating to administrative law and procedure).
(d) Subrogation.--The police pension fund shall be subrogated to the right of the claimant to the extent of a payment made under the act of June 2, 1915 (P.L. 736, No. 338),1 known as the Workers' Compensation Act, or the act of June 28, 1935 (P.L. 477, No. 193),2 referred to as the Enforcement Officer Disability Benefits Law (Heart and Lung Act).
(e) Definition.--As used in this section, the term “total disability” means permanent mental or physical impairment that renders the police officer unable to perform the officer's duties.

Credits

2015, Nov. 24, P.L. 242, No. 67, § 1, effective in 60 days [Jan. 25, 2016].

Footnotes

77 P.S. § 1 et seq.
53 P.S. §§ 637, 638.
11 Pa.C.S.A. § 14303.2, PA ST 11 Pa.C.S.A. § 14303.2
Current through Act 4 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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