Worker's Compensation for Public Safety (HB 43)

Worker's Compensation for Public Safety (HB 43)

During the 2016 Legislative Session, House Bill 43 requires agencies to pay 100% of the group insurance and PERA contributions for employees on authorized worker's compensation leave due to an injury sustained while performing a "public safety function".

SECTION 2. A new section of the Public Employees Retirement Act is enacted to read:


A. A member whose affiliated public employer has provided written certification to the association, in the form and manner prescribed by the association, that the employee was injured while performing a work-related function or duty in an inherently dangerous location or under inherently dangerous circumstances and that the member is absent from work and has been placed on approved workers' compensation leave as a result of the injury shall accrue service credit for the period of absence from work while on workers' compensation leave; provided that:

  • the member is a peace officer covered pursuant to state general member coverage plan 3; a state police member; an adult correctional officer member; a municipal fire member; a municipal police member; or a municipal detention officer member;
  • the member retains membership in the association during the period of absence from work on approved workers' compensation leave;
  • the member's affiliated public employer pays the injured employee's member contributions as well as the employer contributions and remits to the association the total amount of employee and employer contributions that would have been paid if the member had not been absent from work while on approved workers' compensation leave. The contribution amounts shall be calculated based upon a salary equal to the member's salary at the time of the injury.

B. The affiliated public employer shall provide an appeal process for an injured employee on approved workers' compensation leave who is determined by the affiliated public employer not to meet the criteria in Subsection A of this section.

NOTE: If you have an employee who qualifies from the above stated House Bill 43, or have any questions please contact your PERA Representative. Please find the PERA Employer Certification for Injured Public Safety Employee Service Credit form here.