1101 - Benefits to injured employees of State correctional institutions.

                                 PART II                        CORRECTIONAL INSTITUTIONS     Chapter       11.  General Administration       13.  (Reserved)       15.  (Reserved)       17.  County Correctional Institutions        Enactment.  Part II was added August 11, 2009, P.L.147,     No.33, effective in 60 days.        Special Provisions in Appendix.  See sections 8 and 10 of Act     33 of 2009 in the appendix to this title for special provisions     relating to offenses continuation of prior law and     applicability.                                CHAPTER 11                          GENERAL ADMINISTRATION     Subchapter        A.  Penal Operations and Procedures        B.  Inmate Transfers        C.  Escaped Inmates        D.  Drug Redistribution        Enactment.  Chapter 11 was added August 11, 2009, P.L.147,     No.33, effective in 60 days.                               SUBCHAPTER A                     PENAL OPERATIONS AND PROCEDURES     Sec.     1101.  Benefits to injured employees of State correctional            institutions.     1102.  Correctional facility for criminological diagnosis.     1103.  Recording system for identification of criminal            offenders.     1104.  State recording system for application of restraints            to pregnant prisoners and detainees.     § 1101.  Benefits to injured employees of State correctional                institutions.        (a)  General rule.--An employee of a State correctional     institution who is injured during the course of that employment     by an act of an inmate or by any person who has been committed     to the State correctional institution by any court of the     Commonwealth or by any provision of the act of July 9, 1976     (P.L.817, No.143), known as the Mental Health Procedures Act,     shall be paid by the Commonwealth the employee's full salary     until the disability arising from the injury no longer prevents     the employee's return as an employee of the department at a     salary equal to that earned by the employee at the time of the     injury.        (b)  Medical and hospital expenses.--All medical and hospital     expenses incurred in connection with an injury described in     subsection (a) shall be paid by the Commonwealth until the     disability arising from the injury no longer prevents the     employee's return as an employee of the department at a salary     equal to that earned by the employee at the time of the injury.        (c)  Workers' compensation.--During the time salary for an     injury described in subsection (a) shall be paid by the     Commonwealth, any workers' compensation received or collected     for the period shall be turned over to the Commonwealth and paid     into the General Fund. If such payment is not made, the amount     due the Commonwealth shall be deducted from any salary then or     thereafter becoming due and owing to the employee.        (d)  Survivor benefits.--            (1)  The surviving spouse and minor dependents of an        employee who dies within one year as a result of an injury        described in subsection (a) shall be paid benefits equal to        50% of the full salary of the deceased employee.            (2)  (i)  When a surviving spouse and minor dependents            not in the custody of the surviving spouse are entitled            to payments, 50% of the payments shall be paid to the            surviving spouse and 50% to the dependents.                (ii)  In every case, the amount payable to minor            dependents shall be divided equally among them and be            paid to the persons or institutions having custody of            them.            (3)  (i)  In the case of a surviving spouse or a            surviving spouse with minor dependents in the custody of            the surviving spouse, the benefits shall terminate when            the surviving spouse remarries.                (ii)  In the case of minor dependents, except when in            the custody of a remarried surviving spouse, the benefits            shall terminate when all of the minor dependents become            18 years of age.                (iii)  Neither a surviving spouse nor minor            dependents shall receive any benefits under this section            while receiving benefits under the Social Security Act            (49 Stat. 620, 42 U.S.C. § 301 et seq.).            (4)  The benefits provided under this subsection shall be        reduced by the amount of any workers' compensation benefits        received or collected by the surviving spouse or minor        dependents because of the same injury.            (5)  Payments for the benefit of minor dependents shall        be made to the person having legal custody of them.        (e)  Effect of injury on leave of absence.--No absence from     duty of any State employee to whom this section applies by     reason of any injury described in subsection (a) shall in any     manner be deducted from any period of leave allowed the employee     by law or by regulation.