Assembly Bill A4103

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

                                  4103

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 30, 2009
                               ___________

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

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
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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06969-01-9
              

A. 4103                             2

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; provided, however, that
the amendments to section 363-a of the retirement  and  social  security
law  made  by section one of this act shall not affect the expiration of
such section as provided in section 480 of  the  retirement  and  social
security law and shall expire therewith.
  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 January 15,  2009,  and  intended  for  use  only
during  the  2009  Legislative  Session,  is  Fiscal  Note  No. 2009-99,
prepared by the Actuary for the New York State and Local Police and Fire
Retirement System.