Assembly Bill No. 184-Assemblymen Nolan and Anderson

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487

AN ACT relating to public employees; authorizing the establishment of a program for payment of the normal salary of a police officer or fireman in lieu of compensation for industrial injury or occupational disease in certain circumstances; and providing other matters properly relating thereto.

[Approved July 16, 1997]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 281 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The employer of a police officer or fireman may establish a program that allows a police officer or fireman whom it employs who has suffered a catastrophe resulting in temporary total disability, to elect to continue to receive his normal salary for a period of not more than 1 year in lieu of receiving the compensation for the industrial injury or occupational disease for which he is eligible pursuant to chapters 616A to 616D, inclusive, or 617 of NRS, unless the police officer or fireman has made an election pursuant to NRS 281.390.
2. A program established pursuant to subsection 1:
(a) Must prescribe the conditions pursuant to which a police officer or fireman is eligible to receive his normal salary in accordance with an election pursuant to subsection 1; and
(b) May allow a police officer or fireman to return to light-duty employment or employment modified according to his physical restrictions or limitations and receive his normal salary during the period of his election pursuant to subsection 1.
3. Unless the employer is self-insured or a member of an association of self-insured public or private employers, the employer shall notify the insurer that provides industrial insurance for that employer of the election by a police officer or fireman pursuant to subsection 1. When the police officer or fireman is no longer eligible to receive his normal salary pursuant to such an election, the employer shall notify the insurer so that the insurer may begin paying to the police officer or fireman the benefits, if any, for industrial insurance for which the police officer or fireman is eligible. If the employer is self-insured or a member of an association of self-insured public or private employers and the police officer or fireman is no longer eligible to receive his normal salary in accordance with an election pursuant to subsection 1, the employer shall begin paying the benefits, if any, for industrial insurance for which the police officer or fireman is entitled.
4. During the period in which the police officer or fireman elects to receive his normal salary pursuant to subsection 1, he accrues sick leave, annual leave and retirement benefits at the same rate at which he accrued such leave and benefits immediately before the election.
5. As used in this section:
(a) "Catastrophe" means an illness or accident arising out of or in the course of employment which is life threatening or which will require a period of convalescence that an attending physician expects to exceed 30 days and because of which the employee is unable to perform the duties of his position.
(b) "Police officer" has the meaning ascribed to it in NRS 617.135.
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