S T A T E O F N E W Y O R K
________________________________________________________________________
1261
2011-2012 Regular Sessions
I N S E N A T E
January 6, 2011
___________
Introduced by Sens. ADDABBO, DIAZ, HASSELL-THOMPSON, HUNTLEY, KLEIN,
PARKER, SAVINO -- 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, in relation to
benefits payable to, or on behalf of, certain employees of the divi-
sion of parole injured or killed in the performance of duty; and
providing for the repeal of such provisions upon expiration thereof
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 63-g to read as follows:
S 63-G. DISABILITY RETIREMENT FOR PEACE OFFICERS OF THE DIVISION OF
PAROLE; CERTAIN DISABILITIES. A. NOTWITHSTANDING ANY PROVISION OF THIS
CHAPTER OR OF ANY GENERAL OR SPECIAL LAW TO THE CONTRARY, ANY CONDITION
OF IMPAIRMENT OF HEALTH CAUSED BY DISEASES OF THE HEART, RESULTING IN
DISABILITY OR DEATH TO A PEACE OFFICER EMPLOYED BY THE DIVISION OF
PAROLE SHALL BE PRESUMPTIVE EVIDENCE THAT IT WAS INCURRED IN THE
PERFORMANCE AND DISCHARGE OF DUTY AND THE NATURAL AND PROXIMATE RESULT
OF AN ACCIDENT, UNLESS THE CONTRARY BE PROVED BY COMPETENT EVIDENCE.
B. AS USED IN THIS SECTION, THE TERM "PEACE OFFICER" SHALL MEAN ANY
EMPLOYEE OF THE DIVISION OF PAROLE WHO IS DESIGNATED AS A PEACE OFFICER
PURSUANT TO SUBDIVISION TWENTY-THREE OR TWENTY-THREE-A OF SECTION 2.10
OF THE CRIMINAL PROCEDURE LAW, WHO, PRIOR TO ENTRY INTO SERVICE AS A
PAROLE OR SENIOR PAROLE OFFICER SUCCESSFULLY PASSED A PHYSICAL EXAMINA-
TION WHICH FAILED TO DISCLOSE EVIDENCE OF ANY DISEASE OR OTHER IMPAIR-
MENT OF THE HEART.
S 2. The retirement and social security law is amended by adding a new
section 605-d to read as follows:
S 605-D. DISABILITY RETIREMENT FOR PEACE OFFICERS OF THE DIVISION OF
PAROLE; ACCIDENTAL DISABILITY RETIREMENT FOR CERTAIN DISABILITIES. A.
NOTWITHSTANDING ANY PROVISION OF THIS CHAPTER OR OF ANY GENERAL OR
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01377-01-1
S. 1261 2
SPECIAL LAW TO THE CONTRARY, IF AN IMPAIRMENT OF HEALTH CAUSED BY
DISEASES OF THE HEART, RESULTS IN DISABILITY OR DEATH TO A PEACE OFFICER
EMPLOYED BY THE DIVISION OF PAROLE SUCH IMPAIRMENT SHALL BE PRESUMPTIVE
EVIDENCE THAT IT WAS INCURRED IN THE PERFORMANCE AND DISCHARGE OF DUTY
AND THE NATURAL AND PROXIMATE RESULT OF AN ACCIDENT, UNLESS THE CONTRARY
BE PROVED BY COMPETENT EVIDENCE, AND SUCH PEACE OFFICER SHALL BE PAID A
PERFORMANCE OF DUTY DISABILITY RETIREMENT ALLOWANCE EQUAL TO THAT WHICH
IS PROVIDED IN SECTION SIXTY-THREE OF THIS CHAPTER SUBJECT TO THE
PROVISIONS OF SECTION SIXTY-FOUR OF THIS CHAPTER. SAID PEACE OFFICER
MAY MAKE APPLICATION FOR ACCIDENTAL DISABILITY RETIREMENT SUBJECT TO THE
FILING REQUIREMENTS PROVIDED BY SECTION SIXTY-THREE OF THIS CHAPTER.
B. AS USED IN THIS SECTION, THE TERM "PEACE OFFICER" SHALL MEAN ANY
EMPLOYEE OF THE DIVISION OF PAROLE WHO IS DESIGNATED AS A PEACE OFFICER
PURSUANT TO SUBDIVISION TWENTY-THREE OR TWENTY-THREE-A OF SECTION 2.10
OF THE CRIMINAL PROCEDURE LAW, WHO, PRIOR TO ENTRY INTO SERVICE AS A
PAROLE OR SENIOR PAROLE OFFICER SUCCESSFULLY PASSED A PHYSICAL EXAMINA-
TION WHICH FAILED TO DISCLOSE EVIDENCE OF ANY DISEASE OR OTHER IMPAIR-
MENT OF THE HEART.
S 3. This act shall take effect on the ninetieth day after it shall
have become a law and shall expire and be deemed repealed July 1, 2012.