Senate Bill S5116

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

                                 5116--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               May 3, 2011
                               ___________

Introduced by Sens. GRISANTI, ADDABBO, MAZIARZ -- read twice and ordered
  printed,  and  when  printed to be committed to the Committee on Civil
  Service and Pensions -- committee discharged,  bill  amended,  ordered
  reprinted as amended and recommitted to said committee

AN  ACT  to amend the retirement and social security law, in relation to
  certain disabilities of environmental police officers

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

  Section 1. Section 363-a of the retirement and social security law, as
amended  by chapter 967 of the laws of 1974, subdivision 3 as amended by
chapter 357 of the laws of 2002 and subdivision 4 as amended by  chapter
768 of the laws of 1975, is amended to read as follows:
  S  363-a.  [Firemen  and  policemen] FIREFIGHTERS AND POLICE OFFICERS;
certain disabilities. 1.  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  [fireman] FIREFIGHTER shall be presumptive
evidence that 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.
  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] POLICE OFFICER, 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, unless the contrary be proved by competent evidence.
  3. As used in this section, the [term "fireman" and "policeman" means]
TERMS "FIREFIGHTER" AND "POLICE OFFICER" MEAN any member who is perform-
ing police or fire service, as the phrase  police  or  fire  service  is
defined  in  paragraphs  a,  b, c, d, F (AS ADDED BY CHAPTER SIX HUNDRED

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10309-03-1
              

S. 5116--A                          2

SEVENTY-FOUR OF THE LAWS OF NINETEEN EIGHTY-SIX), F (AS ADDED BY CHAPTER
SIX HUNDRED SEVENTY-SEVEN OF THE LAWS OF NINETEEN EIGHTY-SIX), g, and  h
of  subdivision eleven of section three hundred two of this article, and
who, prior to entry into service as a [fireman or policeman] FIREFIGHTER
OR  POLICE  OFFICER,  successfully  passed  a physical examination which
failed to disclose evidence of any disease or other  impairment  of  the
heart.
  4.  The  provisions  of  this  section  shall remain in full force and
effect to and including August thirty-first, nineteen  hundred  seventy-
six.
  S 2. The amendments made to 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  pursu-
ant 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  amendments
thereto  affect  the  application  of such provisions as extended by the
provisions of section 480 of the retirement and social security law.
  S 3. This act shall take effect immediately.
  FISCAL NOTE.-- Pursuant to Legislative Law, Section 50:
  This bill would amend  the  Retirement  and  Social  Security  Law  in
relation  to  heart  disease related disabilities. It would add a "heart
bill" provision for police officers of the Division of  Law  Enforcement
in  the  Department of Environmental Conservation who are members of the
New York State and Local Police and Fire Retirement System.
  If this bill is enacted, it could  lead  to  more  disabilities  being
classified  as "performance of duty". We anticipate that few performance
of duty disability retirements will be granted, and thus, the  resulting
costs will be negligible.
  This  estimate,  dated  November  10,  2011, and intended for use only
during the 2012 Legislative Session, is Fiscal Note No. 2012-6, prepared
by the Actuary for the New York State and Local Police and Fire  Retire-
ment System.