SB327: relative to compensation for state employees injured in the line of duty.

CHAPTER 343

SB 327-FN – FINAL VERSION

02/21/08 0497s

16Apr2008… 1249h

14May2008… 1726h

06/04/08 1979CofC

2008 SESSION

08-2711

01/10

SENATE BILL 327-FN

AN ACT relative to compensation for state employees injured in the line of duty.

SPONSORS: Sen. Hassan, Dist 23; Sen. Barnes, Dist 17; Sen. Burling, Dist 5; Sen. Cilley, Dist 6; Sen. Clegg, Dist 14; Sen. D'Allesandro, Dist 20; Sen. Fuller Clark, Dist 24; Sen. Gallus, Dist 1; Sen. Janeway, Dist 7; Sen. Kelly, Dist 10; Sen. Kenney, Dist 3; Sen. Letourneau, Dist 19; Sen. Reynolds, Dist 2; Sen. Sgambati, Dist 4; Rep. Marshall Quandt, Rock 13; Rep. T. Russell, Rock 13; Rep. W. Knowles, Straf 6; Rep. Welch, Rock 8

COMMITTEE: Executive Departments and Administration

AMENDED ANALYSIS

This bill specifies that if a state employee is injured in the line of duty and is permanently disabled, the employee shall not be terminated from state service until he or she has applied for disability retirement and a final decision on the application is made and all appeals are finalized.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

02/21/08 0497s

16Apr2008… 1249h

14May2008… 1726h

06/04/08 1979CofC

08-2711

01/10

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Eight

AN ACT relative to compensation for state employees injured in the line of duty.

Be it Enacted by the Senate and House of Representatives in General Court convened:

343:1 Compensation for State Employees Injured in the Line of Duty. Amend RSA 21-I:43-a to read as follows:

21-I:43-a Compensation for State Employees Injured in Line of Duty. Any injury received by any state employee who is injured in the line of duty by a hostile [or overt] act, or by an act caused by another during the performance of duties which are considered dangerous in nature, that requires the employee to be hospitalized or renders the employee temporarily unable to perform the duties of his or her position shall not be charged against annual leave or sick leave for the time lost due to the injury. During such time, the employee shall remain on the active payroll. In this event, no employee shall be terminated from state service until he or she has applied for disability retirement and a final decision on the application is made by the board of trustees of the New Hampshire retirement system and appeals of such decision, if any, are finalized; provided, that the employee shall make such application within 18 months of the injury contemplated by this section. The executive head of the employee’s agency shall make the determination as to whether an injury is in the line of duty and due to a hostile or overt act, or an act caused by another during the performance of duties which are considered dangerous in nature, and, after approval by the governor and council, the determination shall be final. [The compensation provided for in this section shall be in addition to any other compensation or remedy available to the employee] During the time in which the injured employee remains on active payroll at full base salary pursuant to this section, his or her state compensation shall not be offset by state workers' compensation payments and he or she shall not receive state workers' compensation payments to supplement his or her full base salary. Nothing in this section shall prohibit medical payments or final settlements.

343:2 Effective Date. This act shall take effect January 1, 2009.

Approved: July 7, 2008

Effective Date: January 1, 2009