Assembly Bill A7503

2009-2010 Legislative Session

Revives the presumption relating to certain lung disabilities incurred by firefighters

download bill text pdf

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Archive: Last Bill Status - In Assembly Committee


  • 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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2009-A7503 (ACTIVE) - Details

See Senate Version of this Bill:
S4371
Current Committee:
Assembly Governmental Employees
Law Section:
Retirement and Social Security Law
Laws Affected:
Amd §363-f, R & SS L; amd §207-q, Gen Muni L
Versions Introduced in 2011-2012 Legislative Session:
A7267, S4853

2009-A7503 (ACTIVE) - Summary

Revives the presumption relating to certain lung disabilities incurred by firefighters.

2009-A7503 (ACTIVE) - Bill Text download pdf

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

                                  7503

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                             April 13, 2009
                               ___________

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

AN  ACT  to amend the retirement and social security law and the general
  municipal law, in relation to extending the  presumption  relating  to
  certain lung disabilities incurred by firefighters

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

  Section 1. Section 363-f of the retirement and social security law, as
amended by chapter 103 of the laws  of  2006,  is  amended  to  read  as
follows:
  S 363-f. Firefighters; presumption in certain diseases.  Notwithstand-
ing  any  provision  of this chapter or of any general, special or local
law to the contrary, and for the purposes of this chapter, any condition
of impairment of health caused by diseases of  the  lung,  resulting  in
total  or  partial  disability  or death to a uniformed member of a paid
fire department, where such member successfully passed a physical  exam-
ination on entry into such service or subsequent thereto, which examina-
tion failed to reveal any evidence of such conditions, shall be presump-
tive  evidence  that  such  disability  or  death  (1) was caused by the
natural and proximate result of an accident, not caused  by  such  fire-
fighter's  own  negligence  and  (2) was incurred in the performance and
discharge of duty, unless the contrary be proven by competent  evidence.
The  provisions of this section shall remain in full force and effect to
and including the thirtieth day of June, two thousand [eight] ELEVEN.
  S 2. Section 207-q of the general municipal law, as amended by chapter
103 of the laws of 2006, is amended to read as follows:
  S 207-q. Firefighters; presumption in certain diseases.  Notwithstand-
ing any provision of this chapter or of any general,  special  or  local
law to the contrary, and for the purposes of this chapter, any condition
of  impairment  of  health  caused by diseases of the lung, resulting in
total or partial disability or death to a uniformed  member  of  a  paid

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10513-02-9
              

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