Section 16-108.1. Receipt of line of duty pay  


Latest version.
  • a.  A  member  of  the uniformed force of the department of sanitation
      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 uniformed force, as determined by the department.
        b.  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  uniformed  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 uniformed
      force.
        c. Nothing in this section shall be construed to  require  payment  of
      salary  to  a  member  of  the  uniformed force who has been terminated,
      retired, suspended or otherwise separated  from  service  by  reason  of
      death, retirement or any other cause.
        d.  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.
        e. As used in this  section  the  term  "incapacity"  shall  mean  the
      inability to perform full, limited, or light duty.