Assembly Bill A9381

2023-2024 Legislative Session

Provides for a line of duty presumption for disabilities of deputy sheriffs in certain cities

download bill text pdf

Sponsored By

Current Bill Status - Passed Senate & Assembly


  • 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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2023-A9381 (ACTIVE) - Details

See Senate Version of this Bill:
S8529
Law Section:
General Municipal Law
Laws Affected:
Add §207-r, Gen Muni L

2023-A9381 (ACTIVE) - Summary

Provides for a line of duty presumption for disabilities of deputy sheriffs in a city with a population of one million or more.

2023-A9381 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9381
 
                           I N  A S S E M B L Y
 
                               March 6, 2024
                                ___________
 
 Introduced  by  M.  of A. PHEFFER AMATO -- read once and referred to the
   Committee on Governmental Employees
 
 AN ACT to amend the general municipal law, in relation  to  disabilities
   of deputy sheriffs in certain cities
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. The general municipal  law  is  amended  by  adding  a  new
 section 207-r to read as follows:
   § 207-R. DISABILITIES OF DEPUTY SHERIFF MEMBERS OF A RETIREMENT SYSTEM
 IN  CERTAIN  CITIES.  1.  NOTWITHSTANDING THE PROVISIONS OF ANY GENERAL,
 SPECIAL OR LOCAL LAW OR ADMINISTRATIVE CODE TO THE CONTRARY, BUT  EXCEPT
 FOR THE PURPOSES OF THE WORKERS' COMPENSATION LAW AND THE LABOR LAW, ANY
 CONDITION  OF  IMPAIRMENT  OF  HEALTH  CAUSED  BY DISEASES OF THE HEART,
 RESULTING IN TOTAL OR PARTIAL DISABILITY OR DEATH  TO  A  PAID  EMPLOYEE
 PERFORMING THE DUTIES OF A DEPUTY SHERIFF IN THE SHERIFF'S DEPARTMENT OF
 A CITY OF ONE MILLION OR MORE, WHERE SUCH EMPLOYEE IS DRAWN FROM COMPET-
 ITIVE  CIVIL  SERVICE LISTS, WHO SUCCESSFULLY PASSED A PHYSICAL EXAMINA-
 TION ON ENTRY INTO THE SERVICE OF  SUCH  DEPARTMENT,  WHICH  EXAMINATION
 FAILED  TO  REVEAL  ANY EVIDENCE OF SUCH CONDITION, SHALL BE PRESUMPTIVE
 EVIDENCE THAT IT WAS INCURRED IN THE PERFORMANCE AND DISCHARGE OF  DUTY,
 UNLESS THE CONTRARY BE PROVED BY COMPETENT EVIDENCE.
   2. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, A DEPUTY SHERIFF MEMBER
 RETIRING  PURSUANT  TO THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION
 SHALL RECEIVE A PENSION EQUAL TO THREE-FOURTHS OF  SUCH  MEMBER'S  FINAL
 AVERAGE SALARY.
   § 2. This act shall take effect immediately.
   FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
   SUMMARY: The proposed legislation would provide certain Deputy Sheriff
 members  or  retirees  (within five years of their respective retirement
 date) of the New York  City  Employees'  Retirement  System  (NYCERS)  a
 rebuttable  statutory  presumption  that  a  qualifying partial or total
 disability or death related to a  heart  disease  was  incurred  in  the
 performance of duty.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10301-03-4
              

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