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Assembly Bill A5304

2015-2016 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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2015-A5304 (ACTIVE) - Details

Current Committee:
Assembly Governmental Employees
Law Section:
General Municipal Law
Laws Affected:
Add ยง207-r, Gen Muni L
Versions Introduced in 2013-2014 Legislative Session:
A7142

2015-A5304 (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.

2015-A5304 (ACTIVE) - Bill Text download pdf 

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

                                  5304

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            February 17, 2015
                               ___________

Introduced by M. of A. ABBATE -- Multi-Sponsored by -- M. of A. GOLDFED-
  ER  -- read once and referred to the Committee on Governmental Employ-
  ees

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.
                                                           LBD09122-01-5

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