S T A T E   O F   N E W   Y O R K
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                                  4371

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 22, 2009
                               ___________

Introduced  by  Sen. LAVALLE -- read twice and ordered printed, and when
  printed to be committed to the Committee on Civil Service and Pensions

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
              

S. 4371                             2

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 3.   Notwithstanding the provisions of  article  5  of  the  general
construction  law, the provisions of section 363-f of the retirement and
social security law and section 207-g of the general municipal  law,  as
amended  by  sections  one  and two of this act respectively, are hereby
revived and shall continue in full force and effect as  such  provisions
existed on June 30, 2008.
  S 4. This act shall take effect immediately.
  FISCAL NOTE.-- Pursuant to Legislative Law, Section 50:
  This  bill  would  extend  the  effective  period of the provisions of
Section 363-f of the Retirement and Social Security Law, which  provides
that  any  condition  or  impairment of health caused by diseases of the
lung, resulting in  disability  or  death  to  a  firefighter  shall  be
presumptive  evidence  that,  unless the contrary be proven by competent
evidence, such disability or death was caused by the natural and  proxi-
mate  cause  of  an  accident,  and  was incurred in the performance and
discharge of duty.
  If this bill is enacted, we do not anticipate that there would  be  an
additional  cost  since  these provisions are included among those which
are regularly extended by the passage of the legislation which  provides
for the "extension of all temporary rights and benefits".
  This  estimate,  dated April 2, 2009, and intended for use only during
the 2009 Legislative Session, is Fiscal Note No. 2009-208,  prepared  by
the  Actuary for the New York State and Local Police and Fire Retirement
System.