S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7796

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                             April 24, 2009
                               ___________

Introduced by M. of A. JAFFEE -- read once and referred to the Committee
  on Governmental Employees

AN  ACT  to amend the retirement and social security law, in relation to
  certain medical presumptions applicable to members  of  the  New  York
  state and local employees' retirement system

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 2 of section 363-a of the retirement and social
security law, as amended by chapter 967 of the laws of 1974, is  amended
to read as follows:
  2.  Notwithstanding  any  provision of this chapter or of any general,
special or local law to the contrary, any  condition  of  impairment  of
health caused by diseases of the heart, resulting in disability or death
to  a  policeman,  presently employed, and who shall have sustained such
disability while so employed, shall be presumptive evidence that [is] IT
was incurred in the performance and discharge of duty  AND  THE  NATURAL
AND  PROXIMATE  RESULT  OF AN ACCIDENT, unless the contrary be proved by
competent evidence.
  S 2. The retirement and social security law is amended by adding a new
section 809 to read as follows:
  S 809. EFFECT AND REBUTTAL OF CERTAIN MEDICAL PRESUMPTIONS  PERTAINING
TO  DISEASES OF THE HEART. A. THIS SECTION SHALL APPLY TO CERTAIN APPLI-
CATIONS FOR DISABILITY RETIREMENT ALLOWANCES MADE BY OR ON BEHALF  OF  A
MEMBER  OF  THE NEW YORK STATE AND LOCAL EMPLOYEES' RETIREMENT SYSTEM OR
THE NEW YORK STATE AND LOCAL POLICE AND  FIRE  RETIREMENT  SYSTEM.    IT
SHALL  APPLY ONLY TO APPLICATIONS THAT ARE SUBJECT UNDER THIS CHAPTER TO
A PROVISION THAT ANY CONDITION OF  IMPAIRMENT  OF  HEALTH  CAUSED  BY  A
DISEASE  OF  THE  HEART,  RESULTING  IN DISABILITY, SHALL BE PRESUMPTIVE
EVIDENCE THAT SUCH  DISABILITY  WAS  INCURRED  IN  THE  PERFORMANCE  AND
DISCHARGE OF DUTY AND THE NATURAL AND PROXIMATE RESULT OF AN ACCIDENT.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10764-01-9

              

A. 7796                             2

  B.  NOTWITHSTANDING  ANY  OTHER  PROVISION  OF  LAW TO THE CONTRARY AN
APPLICATION FOR AN ACCIDENTAL DISABILITY RETIREMENT  ALLOWANCE  THAT  IS
BASED  ON A PERMANENT INCAPACITY CAUSED BY A DISEASE OF THE HEART, SHALL
NOT BE REQUIRED TO ALLEGE OR ESTABLISH:
  (1) THAT THE MEMBER SUSTAINED AN ACCIDENT OR OTHER INCIDENT RELATED TO
THE PERFORMANCE AND DISCHARGE OF DUTY; OR
  (2) THAT NOTICE WAS PROVIDED THEREOF.
  C.  NOTWITHSTANDING  ANY  OTHER  PROVISION OF LAW TO THE CONTRARY, THE
PRESUMPTIONS REFERRED TO  IN  SUBDIVISION  A  OF  THIS  SECTION  MAY  BE
REBUTTED  ONLY  BY  COMPETENT  EVIDENCE  THAT  THE DISABILITY IS NOT THE
NATURAL AND PROXIMATE RESULT OF THE PERFORMANCE AND DISCHARGE OF DUTY.
  S 3. The amendment made to subdivision  2  of  section  363-a  of  the
retirement  and social security law by section one of this act shall not
affect, impair or invalidate any temporary right, privilege  or  benefit
conferred  pursuant to the provisions of a general, special or local law
(other than pursuant to articles 14 and 15 of the retirement and  social
security  law)  for  any member of a public retirement system or pension
plan funded by the state or one of its political subdivisions, nor shall
any amendment thereto affect  the  application  of  such  provisions  as
extended  by  the provisions of section 480 of the retirement and social
security law.
  S 4. This act shall take effect immediately.