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What is NYC AC § 16-108.1?

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This section outlines the entitlement of members of the uniformed force of the Department of Sanitation to receive their full regular salary during periods of incapacity due to illness or injury incurred while on duty. It specifies conditions under which salary payment is not required and clarifies the term 'incapacity'. Applies to members of the Department of Sanitation.

General informational summary. Not legal advice for your situation. Consult an attorney before acting on any specific matter.

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§ 16-108.1 Receipt of line of duty pay.

AC § 16-108.1

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.

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