senate Bill S1264A

Extends provisions of "heart bill" to deputy sheriff members of the NYCERS

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Sponsor

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
view actions

actions

  • 06 / Jan / 2011
    • REFERRED TO LOCAL GOVERNMENT
  • 04 / Jan / 2012
    • REFERRED TO LOCAL GOVERNMENT
  • 09 / Jan / 2012
    • AMEND AND RECOMMIT TO LOCAL GOVERNMENT
  • 09 / Jan / 2012
    • PRINT NUMBER 1264A

Summary

Extends provisions of the "heart bill" to deputy sheriff members of the New York city employees' retirement system; where a deputy sheriff has a condition of impairment caused by a disease of the heart and such person successfully passed a physical exam on entry into the service of such agency, such condition shall be presumed to have occurred in the performance of their work duties.

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Bill Details

Versions:
S1264
S1264A
Legislative Cycle:
2011-2012
Current Committee:
Senate Local Government
Law Section:
General Municipal Law
Laws Affected:
Add ยง207-r, Gen Muni L
Versions Introduced in 2009-2010 Legislative Cycle:
S3897

Sponsor Memo

BILL NUMBER:S1264A

TITLE OF BILL:
An act
to amend the general municipal law, in relation to certain heart
disabilities incurred by deputy sheriff members of the New York city
employees' retirement system in certain cases and providing for the
repeal of such provisions upon expiration thereof

PURPOSE:
This bill establishes a presumption with respect to heart disease that
results in disability for New York City Deputy Sheriffs.

SUMMARY OF PROVISIONS:
This bill amends the general municipal law, by adding a new section
207-r

JUSTIFICATION:
Due to the nature and stress of their law enforcement duties, the
instance of death or disability due to heart disease is an increasing
and alarming concern among New York Deputy Sheriffs.

LEGISLATIVE HISTORY:
2009-2010: S.3897 - Referred to Civil Service and Pensions
2007-2008: S.809 - Committed to Rules
2005-2006: S.3033 - Committed to Rules

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
Immediately, and be deemed repealed on June 30, 2013.

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

                                 1264--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             January 6, 2011
                               ___________

Introduced  by  Sen. ADDABBO -- read twice and ordered printed, and when
  printed to be committed to the Committee on Local Government -- recom-
  mitted to the Committee on Local Government in accordance with  Senate
  Rule  6,  sec.  8  --  committee  discharged,  bill  amended,  ordered
  reprinted as amended and recommitted to said committee

AN ACT to amend the general municipal law, in relation to certain  heart
  disabilities  incurred  by deputy sheriff members of the New York city
  employees' retirement system in certain cases and  providing  for  the
  repeal of such provisions upon expiration thereof

  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:
  S 207-R. DISABILITIES OF DEPUTY SHERIFF MEMBERS OF A RETIREMENT SYSTEM
IN  CERTAIN  CASES.  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 DEPUTY CITY SHER-
IFF LEVEL ONE, DEPUTY CITY SHERIFF LEVEL TWO, SUPERVISING DEPUTY SHERIFF
OR ADMINISTRATIVE SHERIFF, IN CITIES WHERE SUCH EMPLOYEES ARE DRAWN FROM
COMPETITIVE CIVIL SERVICE LISTS,  WHO  SUCCESSFULLY  PASSED  A  PHYSICAL
EXAMINATION  ON ENTRY INTO THE SERVICE OF SUCH AGENCY, 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 HIS FINAL AVERAGE
SALARY.
  S 2. This act shall take effect immediately and shall remain  in  full
force  and  effect  to  and  including  June 30, 2013, at which time the
provisions of this act shall be deemed repealed.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01380-02-2

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