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Assembly Bill A7167

2009-2010 Legislative Session

Provides a presumption that certain impairments of health of police officers were incurred in the performance or discharge of duty

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Archive: Last Bill Status - In Assembly Committee

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2009-A7167 (ACTIVE) - Details

Current Committee:
Assembly Governmental Employees
Law Section:
Retirement and Social Security Law
Laws Affected:
Add ยง363-ddd, R & SS L
Versions Introduced in 2011-2012 Legislative Session:
A5740

2009-A7167 (ACTIVE) - Summary

Provides a presumption that certain impairments of health of police officers were incurred in the performance or discharge of duty; relates to melanoma or a condition of cancer affecting the lymphatic, digestive, hematological, urinary or prostate systems resulting in total or partial disability or death to a police officer.

2009-A7167 (ACTIVE) - Bill Text download pdf 

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

                                  7167

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                             March 25, 2009
                               ___________

Introduced by M. of A. ABBATE, TOBACCO -- Multi-Sponsored by -- M. of A.
  SALADINO  --  read  once and referred to the Committee on Governmental
  Employees

AN ACT to amend the retirement and social security law, in  relation  to
  certain  impairments  of health presumed to be incurred in performance
  or discharge of duty

  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. CERTAIN IMPAIRMENTS OF HEALTH; PRESUMPTION.  NOTWITHSTAND-
ING ANY OTHER PROVISIONS OF THIS CHAPTER TO THE CONTRARY, ANY (I)  MELA-
NOMA  OR  (II)  CONDITION  OF CANCER AFFECTING THE LYMPHATIC, DIGESTIVE,
HEMATOLOGICAL, URINARY  OR  PROSTATE  SYSTEMS,  RESULTING  IN  TOTAL  OR
PARTIAL DISABILITY OR DEATH TO A POLICE OFFICER, WHO SUCCESSFULLY PASSED
A  PHYSICAL  EXAMINATION ON ENTRY INTO POLICE SERVICE, WHICH EXAMINATION
FAILED TO REVEAL ANY EVIDENCE OF SUCH MELANOMA OR  CONDITION,  SHALL  BE
PRESUMPTIVE  EVIDENCE  THAT  IT  WAS  INCURRED  IN  THE  PERFORMANCE AND
DISCHARGE OF DUTY UNLESS THE CONTRARY BE PROVED BY COMPETENT EVIDENCE.
  S 2. This act shall take effect immediately.
  FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
  This bill will add a new Section 363-ddd to the Retirement and  Social
Security Law which will provide certain police officers with the benefit
that  any impairment of health caused by certain types of cancer result-
ing in disability or death shall be presumptive  evidence  that  it  was
incurred  in  the performance and discharge of duty, unless the contrary
be proven by competent evidence.
  If this bill is enacted, we anticipate that few additional performance
of duty disability retirements will be granted, and thus, the  resulting
costs will be negligible.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08814-02-9

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