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Assembly Bill A5740

2011-2012 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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2011-A5740 (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 2009-2010 Legislative Session:
A7167

2011-A5740 (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.

2011-A5740 (ACTIVE) - Bill Text download pdf 

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

                                  5740

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 28, 2011
                               ___________

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 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.
  This estimate, dated November 17, 2010,  and  intended  for  use  only
during  the  2011  Legislative  Session,  is  Fiscal  Note  No. 2011-23,
prepared by the Actuary for the New York State and Local Police and Fire
Retirement System.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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