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Assembly Bill A3529

2009-2010 Legislative Session

Provides a presumption that heart-related deaths and illnesses incurred by members of uniformed correction departments in certain cities are job related

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Archive: Last Bill Status - In Assembly Committee

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2009-A3529 (ACTIVE) - Details

Current Committee:
Assembly Local Governments
Law Section:
General Municipal Law
Laws Affected:
Add ยง207-s, Gen Muni L

2009-A3529 (ACTIVE) - Summary

Provides that any condition of impairment of health caused by diseases of the heart, resulting in disability or death to a paid member of the uniformed force of a paid correction department where such paid member is drawn from competitive civil service lists, who successfully passed a physical examination on entry into department service, which examination failed to reveal such condition, shall be presumptive evidence that it was incurred in the performance of duty.

2009-A3529 (ACTIVE) - Bill Text download pdf 

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

                                  3529

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 27, 2009
                               ___________

Introduced  by  M.  of  A. AUBRY -- Multi-Sponsored by -- M. of A. COOK,
  MAGEE, PHEFFER -- read once and referred to  the  Committee  on  Local
  Governments

AN  ACT to amend the general municipal law, in relation to certain heart
  disabilities incurred by members of the uniformed force of  correction
  departments 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-s to read as follows:
  S  207-S. DISABILITIES OF MEMBERS OF THE UNIFORMED FORCE OF CORRECTION
DEPARTMENTS 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
MEMBER  OF  THE  UNIFORMED  FORCE OF A PAID CORRECTION DEPARTMENT, WHERE
SUCH PAID MEMBER IS DRAWN FROM  COMPETITIVE  CIVIL  SERVICE  LISTS,  WHO
SUCCESSFULLY  PASSED A PHYSICAL EXAMINATION 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. THE PROVISIONS OF THIS SECTION  SHALL  REMAIN  IN  FULL  FORCE  AND
EFFECT  TO  AND INCLUDING THE THIRTIETH DAY OF JUNE, TWO THOUSAND ELEVEN
AT WHICH TIME THE PROVISIONS OF THIS  SECTION  SHALL  BE  DEEMED  TO  BE
REPEALED.
  S 2. This act shall take effect immediately.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04415-01-9

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