Senate Bill S5241

2009-2010 Legislative Session

Presumes for certain members of the NYS&LP&FRS that the contracting of methicillin resistant staphylococcus aureus was in the discharge or performance of duties

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Archive: Last Bill Status - In Senate Committee Civil Service And Pensions Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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Bill Amendments

2009-S5241 - Details

Current Committee:
Senate Civil Service And Pensions
Law Section:
Retirement and Social Security Law
Laws Affected:
Add §363-ddd, R & SS L

2009-S5241 - Summary

Presumes for certain members of the NYS&LP&FRS that the contracting of methicillin resistant staphylococcus aureus (MRSA) was in the discharge or performance of duties as the natural and proximate result of an accident; provides 3/4 pension for such members.

2009-S5241 - Sponsor Memo

2009-S5241 - Bill Text download pdf 

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

                                  5241

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 27, 2009
                               ___________

Introduced  by  Sen.  SAVINO -- read twice and ordered printed, and when
  printed to be committed to the Committee on Civil Service and Pensions

AN ACT to amend the retirement and social security law, in  relation  to
  providing three-quarters of pension for police officers and firefight-
  ers who contract methicillin resistant staphylococcus aureus

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

  Section 1. The retirement and social security law is amended by adding
a new section 363-ddd to read as follows:
  S 363-DDD. IMPAIRMENTS OF HEALTH; PRESUMPTION; STAPH/MRSA.    NOTWITH-
STANDING  ANY  PROVISION  OF  THIS CHAPTER OR OF ANY GENERAL, SPECIAL OR
LOCAL LAW TO THE CONTRARY, ANY POLICE  OFFICER  OR  FIREFIGHTER  WHO  IS
COVERED  BY  THE PROVISIONS OF SECTION THREE HUNDRED SIXTY-THREE OF THIS
TITLE AND WHO  CONTRACTS  METHICILLIN  RESISTANT  STAPHYLOCOCCUS  AUREUS
(MRSA) OR STAPH/MRSA WILL BE PRESUMED TO HAVE CONTRACTED SUCH DISEASE IN
THE  PERFORMANCE  OR  DISCHARGE  OF HIS OR HER DUTIES AS THE NATURAL AND
PROXIMATE RESULT OF AN ACCIDENT AND TO BE DISABLED FROM THE  PERFORMANCE
OF  HIS  OR  HER  DUTIES  UNLESS  THE  CONTRARY  BE  PROVEN BY COMPETENT
EVIDENCE.
  S 2. This act shall take effect immediately.
  FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
  This bill will affect certain members of the New York State and  Local
Police  and Fire Retirement System by presuming that contracting MRSA or
Staph/MRSA will qualify them for an  accidental  disability  retirement,
unless the contrary be proven by competent evidence.
  If  this bill is enacted, we anticipate that few additional accidental
disability retirements will be granted, and thus,  the  resulting  costs
will be negligible.
  This  estimate,  dated  February  19,  2009  and intended for use only
during the 2009  Legislative  Session,  is  Fiscal  Note  No.  2009-154,
prepared by the Actuary for the New York State and Local Police and Fire
Retirement System.

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

2009-S5241A (ACTIVE) - Details

Current Committee:
Senate Civil Service And Pensions
Law Section:
Retirement and Social Security Law
Laws Affected:
Add §363-ddd, R & SS L

2009-S5241A (ACTIVE) - Summary

Presumes for certain members of the NYS&LP&FRS that the contracting of methicillin resistant staphylococcus aureus (MRSA) was in the discharge or performance of duties as the natural and proximate result of an accident; provides 3/4 pension for such members.

2009-S5241A (ACTIVE) - Sponsor Memo

2009-S5241A (ACTIVE) - Bill Text download pdf 

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

                                 5241--A

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 27, 2009
                               ___________

Introduced  by  Sen.  SAVINO -- read twice and ordered printed, and when
  printed to be committed to the Committee on Civil Service and Pensions
  -- recommitted to the Committee  on  Civil  Service  and  Pensions  in
  accordance  with  Senate  Rule 6, sec. 8 -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee

AN  ACT  to amend the retirement and social security law, in relation to
  providing three-quarters of pension for police officers and firefight-
  ers who contract methicillin resistant staphylococcus aureus

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

  Section 1. The retirement and social security law is amended by adding
a new section 363-ddd to read as follows:
  S  363-DDD.  IMPAIRMENTS OF HEALTH; PRESUMPTION; STAPH/MRSA.  NOTWITH-
STANDING ANY PROVISION OF THIS CHAPTER OR OF  ANY  GENERAL,  SPECIAL  OR
LOCAL  LAW  TO  THE  CONTRARY,  ANY POLICE OFFICER OR FIREFIGHTER WHO IS
COVERED BY THE PROVISIONS OF SECTION THREE HUNDRED SIXTY-THREE  OF  THIS
TITLE  AND  WHO  CONTRACTS  METHICILLIN  RESISTANT STAPHYLOCOCCUS AUREUS
(MRSA) OR STAPH/MRSA WILL BE PRESUMED TO HAVE CONTRACTED SUCH DISEASE IN
THE PERFORMANCE OR DISCHARGE OF HIS OR HER DUTIES  AS  THE  NATURAL  AND
PROXIMATE  RESULT OF AN ACCIDENT AND TO BE DISABLED FROM THE PERFORMANCE
OF HIS OR  HER  DUTIES  UNLESS  THE  CONTRARY  BE  PROVEN  BY  COMPETENT
EVIDENCE.
  S 2. This act shall take effect immediately.
  FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
  This  bill will affect certain members of the New York State and Local
Police and Fire Retirement System by presuming that contracting MRSA  or
Staph/MRSA  will  qualify  them for an accidental disability retirement,
unless the contrary be proven by competent evidence.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10035-03-0

S. 5241--A                          2

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