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Ch. 704 LAWS OF MARYLAND
both, or, subject to the approval of the county government of any
county affected by the agreement, with other units of government,
for the purpose of obtaining and providing insurance coverage in
the most economical manner for any type of insurance protection
including, but not limited to, public liability, group health,
life, hospitalization and disability, real and personal property,
and workers' compensation. Provided, however, that nothing
herein shall authorize the Commission to establish a
self-insurance program for group health, life and hospitalization
insurance.
(E) ANY (1) SUBJECT TO THE PROVISIONS OF PARAGRAPHS (2) AND
(3) OF THIS SUBSECTION, A PAYMENT MADE TO A POLICE OFFICER
EMPLOYED BY THE COMMISSION FOR ANY AN ILLNESS OR INJURY RECEIVED
IN THE LINE OF DUTY IN ACCORDANCE WITH THE PROVISIONS OF ANY
DISABILITY PROGRAM OR DISABILITY INSURANCE PROGRAM SHALL BE
CONSIDERED AS AUTHORIZED UNDER THIS SECTION IS CONSIDERED IN THE
NATURE OF WORKERS' COMPENSATION. THAT IS IN ADDITION TO AND
(2) A PAYMENT DESCRIBED IN THIS SUBSECTION IS
INDEPENDENT OF ANY PAYMENT MADE UNDER ARTICLE 101 (WORKMEN'S
COMPENSATION) OF THE CODE.
(3) THIS SUBSECTION MAY NOT BE CONSTRUED TO AFFECT;
(I) THE SET-OFF PROVISION UNDER ARTICLE 101, §
33 OF THE CODE; OR
(II) THE PRESUMPTION OF A POLICE OFFICER'S
ENTITLEMENT TO BENEFITS UNDER ARTICLE 101, § 64A OF THE CODE.
[(e)] (F) The Commission may raise the defense of partial
governmental immunity for any liability exposure in excess of
insurance limits, when punitive damages are sought, or for any
other liability exposure not covered by insurance. However,
nothing in this section may be construed to be a waiver of the
Commission's total governmental immunity. This subsection is
intended to include also all claims pending on June 1, 1978,
provided that an insurance policy to cover such liability was in
effect at the time the claim accrued.
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall
take effect July 1, 1988.
Approved May 27, 1988.
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