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Assembly Bill A7142B

2013-2014 Legislative Session

Extends provisions of "heart bill" to deputy sheriff members of the NYCERS

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Archive: Last Bill Status - In Assembly Committee

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Bill Amendments

co-Sponsors

2013-A7142 - Details

See Senate Version of this Bill:
S7700
Current Committee:
Assembly Governmental Employees
Law Section:
General Municipal Law
Laws Affected:
Add §207-r, Gen Muni L
Versions Introduced in 2015-2016 Legislative Session:
A5304

2013-A7142 - Summary

Extends provisions of the "heart bill" to deputy sheriff members of the New York city employees' retirement system; where a deputy sheriff has a condition of impairment caused by a disease of the heart and such person successfully passed a physical exam on entry into the service of such agency, such condition shall be presumed to have occurred in the performance of their work duties.

2013-A7142 - Bill Text download pdf 

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

                                  7142

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               May 2, 2013
                               ___________

Introduced by M. of A. ABBATE -- read once and referred to the Committee
  on Governmental Employees

AN  ACT to amend the general municipal law, in relation to certain heart
  disabilities incurred by deputy sheriff members of the New  York  city
  employees'  retirement  system  in certain cases 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  general  municipal  law  is  amended by adding a new
section 207-r to read as follows:
  S 207-R. DISABILITIES OF DEPUTY SHERIFF MEMBERS OF A RETIREMENT SYSTEM
IN CERTAIN CASES. 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 DEPUTY CITY SHER-
IFF LEVEL ONE, DEPUTY CITY SHERIFF LEVEL TWO, SUPERVISING DEPUTY SHERIFF
OR ADMINISTRATIVE SHERIFF, IN CITIES WHERE SUCH EMPLOYEES ARE DRAWN FROM
COMPETITIVE  CIVIL  SERVICE  LISTS,  WHO  SUCCESSFULLY PASSED A PHYSICAL
EXAMINATION ON ENTRY INTO THE SERVICE OF SUCH AGENCY, 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. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, A DEPUTY SHERIFF MEMBER
RETIRING  PURSUANT  TO THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION
SHALL RECEIVE A PENSION EQUAL TO  THREE-FOURTHS  OF  HIS  FINAL  AVERAGE
SALARY.
  S  2.  This act shall take effect immediately and shall remain in full
force and effect to and including June  30,  2014,  at  which  time  the
provisions of this act shall be deemed repealed.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04958-01-3

co-Sponsors

2013-A7142A - Details

See Senate Version of this Bill:
S7700
Current Committee:
Assembly Governmental Employees
Law Section:
General Municipal Law
Laws Affected:
Add §207-r, Gen Muni L
Versions Introduced in 2015-2016 Legislative Session:
A5304

2013-A7142A - Summary

Extends provisions of the "heart bill" to deputy sheriff members of the New York city employees' retirement system; where a deputy sheriff has a condition of impairment caused by a disease of the heart and such person successfully passed a physical exam on entry into the service of such agency, such condition shall be presumed to have occurred in the performance of their work duties.

2013-A7142A - Bill Text download pdf 

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

                                 7142--A

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               May 2, 2013
                               ___________

Introduced  by  M. of A. ABBATE, MILLER -- read once and referred to the
  Committee on Governmental Employees -- recommitted to the Committee on
  Governmental Employees in accordance with Assembly Rule 3, sec.  2  --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee

AN ACT to amend the general municipal law, in relation to certain  heart
  disabilities  incurred  by deputy sheriff members of the New York city
  employees' retirement system in certain cases 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 general municipal  law  is  amended  by  adding  a  new
section 207-r to read as follows:
  S 207-R. DISABILITIES OF DEPUTY SHERIFF MEMBERS OF A RETIREMENT SYSTEM
IN  CERTAIN  CASES.  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 DEPUTY CITY SHER-
IFF LEVEL ONE, DEPUTY CITY SHERIFF LEVEL TWO, SUPERVISING DEPUTY SHERIFF
OR ADMINISTRATIVE SHERIFF, IN CITIES WHERE SUCH EMPLOYEES ARE DRAWN FROM
COMPETITIVE CIVIL SERVICE LISTS,  WHO  SUCCESSFULLY  PASSED  A  PHYSICAL
EXAMINATION  ON ENTRY INTO THE SERVICE OF SUCH AGENCY, 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. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, A DEPUTY SHERIFF MEMBER
RETIRING PURSUANT TO THE PROVISIONS OF SUBDIVISION ONE OF  THIS  SECTION
SHALL  RECEIVE  A  PENSION  EQUAL  TO THREE-FOURTHS OF HIS FINAL AVERAGE
SALARY.
  S 2. This act shall take effect immediately and shall remain  in  full
force  and  effect  to  and  including  June 30, 2015, at which time the
provisions of this act shall be deemed repealed.

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

co-Sponsors

2013-A7142B (ACTIVE) - Details

See Senate Version of this Bill:
S7700
Current Committee:
Assembly Governmental Employees
Law Section:
General Municipal Law
Laws Affected:
Add §207-r, Gen Muni L
Versions Introduced in 2015-2016 Legislative Session:
A5304

2013-A7142B (ACTIVE) - Summary

Extends provisions of the "heart bill" to deputy sheriff members of the New York city employees' retirement system; where a deputy sheriff has a condition of impairment caused by a disease of the heart and such person successfully passed a physical exam on entry into the service of such agency, such condition shall be presumed to have occurred in the performance of their work duties.

2013-A7142B (ACTIVE) - Bill Text download pdf 

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

                                 7142--B

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               May 2, 2013
                               ___________

Introduced  by  M. of A. ABBATE, MILLER -- read once and referred to the
  Committee on Governmental Employees -- recommitted to the Committee on
  Governmental Employees in accordance with Assembly Rule 3, sec.  2  --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee -- again reported  from  said  committee
  with  amendments, ordered reprinted as amended and recommitted to said
  committee

AN ACT to amend the general municipal law, in relation to certain  heart
  disabilities  incurred  by deputy sheriff members of the New York city
  employees' retirement system in certain cases

  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-r to read as follows:
  S 207-R. DISABILITIES OF DEPUTY SHERIFF MEMBERS OF A RETIREMENT SYSTEM
IN CERTAIN CASES. 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 DEPUTY CITY SHER-
IFF LEVEL ONE, DEPUTY CITY SHERIFF LEVEL TWO, SUPERVISING DEPUTY SHERIFF
OR ADMINISTRATIVE SHERIFF, IN CITIES WHERE SUCH EMPLOYEES ARE DRAWN FROM
COMPETITIVE  CIVIL  SERVICE  LISTS,  WHO  SUCCESSFULLY PASSED A PHYSICAL
EXAMINATION ON ENTRY INTO THE SERVICE OF SUCH AGENCY, 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. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, A DEPUTY SHERIFF MEMBER
RETIRING  PURSUANT  TO THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION
SHALL RECEIVE A PENSION EQUAL TO  THREE-FOURTHS  OF  HIS  FINAL  AVERAGE
SALARY.
  S 2. This act shall take effect immediately.

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

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