Senate Bill S6646

                                BILL NUMBER:S6646

TITLE OF BILL:
An act
to amend the retirement and social security law, in relation to
accidental death benefits payable to beneficiaries of members of the New
York state and local police and fire retirement system

PURPOSE:
This legislation will ensure that New York state and local police
officers and firefighters are covered under the "Heart Act" if they
have a heart attack and lose their lives in the line of duty.

SUMMARY OF PROVISIONS:
Section One - amends subdivision a of section 361 of the retirement
and social security law by adding a new closing paragraph to state
that any condition of impairment of health caused by diseases of the
heart which results in the death of a member shall be deemed to have
been incurred as the natural and proximate result of an accident
sustained in the performance of duty in the service upon which his or
her membership was based.

Section Two - provides this act shall take effect immediately.

JUSTIFICATION:
The purpose of this legislation is ensure that New York state and
              

local police officers and firefighters are covered under the "Heart
Act" if they have a heart attack and lose their lives in the line of
duty.

Currently police officers and firefighters receive 50% of their
disability if they have a heart attack in the line of duty and
survive. This legislation would provide the surviving spouse and
family members with the 50% disability.

This bill is being introduced in honor of Officer Michael Perry
suffered a fatal heart attack shortly after chasing and arresting a
man at a local mall near state route 119. Officer Perry had called
for assistance and chased the larceny suspect a short distance before
placing him into custody. Officer Perry transported the man to police
headquarters for booking when he suddenly collapsed. He was
transported to White Plains Hospital where he passed away a short
time later. The suspect, who was a career criminal with over 300
arrests, was charged with resisting arrest and larceny.

A resident of Yorktown, Officer Perry had served with the white plains
police Department for seven years and previously with the NYC
Department of Environmental Protection police. He is survived by his
wife, twin sons, parents, sister, and brother. On June 14, 2010,
Officer Perry was posthumously promoted to the rank of police
Detective.

It is only proper that the State of New York honor the memory of
Detective Michael Perry and all the police officers and firefighters
who have lost their lives in the line of duty, by ensuring their


families are taken care of after they make the absolute sacrifice to
keep our communities safe.

LEGISLATIVE HISTORY:
New legislation.

FISCAL IMPLICATIONS:
To be determined.

EFFECTIVE DATE:
This act shall take effect immediately.