If a claimant receiving § 207-c Benefits
is not eligible for or is not granted an accidental disability retirement
allowance or retirement for disability incurred in performance of
duty allowance or similar accidental disability pension, and in the
opinion of competent medical or health authorities, the claimant is
able to perform specified types of light police duty, the Sheriff
shall order the claimant to report for such available light police
duty, by mailing a notice to the claimant at the address provided
in the application. Such notice shall specify the date, time, place
and person to whom the individual must report for light police duty.
A claimant who disagrees with an order to report
for assignment of light police duty may request a hearing by serving
notice on the Insurance Administrator within eight days of the individual's
receipt of notice from the Sheriff to report for light police duty.
Pending a decision under this section, the claimant may use available
vacation, compensatory, sick or personal leave accruals, provided
that if the claimant is determined to be ineligible for § 207-c
Benefits, any moneys paid under this section for the value of sick
leave or personal leave shall be refunded to and may be recovered
by the county in a civil action.
Payment of the full amount of § 207-c Benefits shall be discontinued with respect to an individual who fails or refuses to perform light police duty if the same is available and offered to the individual; provided, however, that such light police duty shall be consistent with his or her status as a policeman and shall enable him or her to continue to be entitled to regular salary or wages, including increases thereof and fringe benefits, to which the individual would have been entitled if he or she was able to perform his or her regular duties. If the individual is ultimately found to be incapable of performing light police duties following a hearing under § 70-24 of this Part 1, the full amount of his or her regular salary or wages and/or vacation and compensatory leave time shall be reimbursed retroactive to the date of discontinuance.
If for any reason other than the death of an applicant or as heretofore or hereafter provided in this Part 1, the Insurance Administrator determines that a claimant is no longer or was never eligible for § 207-c Benefits, the Insurance Administrator shall terminate said benefits as of the date of the determination of ineligibility. Notice of termination of § 207-c Benefits and the reasons therefor shall be served by mail on the claimant. At any time within 20 days after mailing of the notice of termination of § 207-c Benefits, the claimant or other person authorized by the claimant may request a hearing to review the decision to terminate § 207-c Benefits. Pending a decision under this section, the claimant may use available vacation, compensatory, sick or personal leave accruals, provided that if the claimant is determined to be ineligible for § 207-c Benefits, any moneys paid under this section for the value of sick leave or personal leave shall be refunded to and may be recovered by the county in a civil action.
