assembly Bill A6461A

2021-2022 Legislative Session

Relates to disability retirement benefits for the presumption of Parkinson's Disease for paid firefighters

download bill text pdf

Sponsored By

Current Bill Status Via S4233 - Passed Senate & Assembly


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (12)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 07, 2021 returned to senate
passed assembly
ordered to third reading rules cal.451
substituted for a6461a
Jun 07, 2021 substituted by s4233a
rules report cal.451
reported
Jun 03, 2021 reported referred to rules
Jun 02, 2021 reported referred to ways and means
Apr 13, 2021 print number 6461a
Apr 13, 2021 amend and recommit to governmental employees
Mar 17, 2021 referred to governmental employees

Votes

view votes

May 19, 2021 - Finance committee Vote

S4233A
23
0
committee
23
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Apr 19, 2021 - Civil Service and Pensions committee Vote

S4233A
7
0
committee
7
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Committee Vote: Apr 19, 2021

Co-Sponsors

A6461 - Details

See Senate Version of this Bill:
S4233
Law Section:
Retirement and Social Security Law
Laws Affected:
Add §363-ff, R & SS L; add §207-kkk, Gen Muni L
Versions Introduced in 2019-2020 Legislative Session:
A9917, S8012

A6461 - Summary

Provides that any condition of impairment of health caused by Parkinson's Disease, resulting in total or partial disability or death to a paid firefighter shall be presumptive evidence that, unless the contrary be proven by competent evidence, such disability or death was caused by the natural and proximate result of an accident, not caused by such firefighter's own willful negligence, and was sustained in the performance and discharge of duty.

A6461 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6461
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 17, 2021
                                ___________
 
 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 and the general
   municipal law, in relation to disability retirement benefits  for  the
   presumption of Parkinson's Disease for paid firefighters

   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-ff to read as follows:
   § 363-FF. FIREFIGHTER  CERTAIN  IMPAIRMENTS  OF  HEALTH;  PRESUMPTION.
 NOTWITHSTANDING  ANY  OTHER  PROVISIONS OF THIS CHAPTER TO THE CONTRARY,
 ANY CONDITION OF IMPAIRMENT OF HEALTH  CAUSED  BY  PARKINSON'S  DISEASE,
 RESULTING IN TOTAL OR PARTIAL DISABILITY OR DEATH TO A PAID FIREFIGHTER,
 WHO SUCCESSFULLY PASSED A PHYSICAL EXAMINATION ON ENTRY INTO FIREFIGHTER
 SERVICE,  WHICH EXAMINATION FAILED TO REVEAL ANY EVIDENCE OF SUCH CONDI-
 TION, SHALL BE PRESUMPTIVE EVIDENCE THAT, UNLESS THE CONTRARY BE  PROVEN
 BY  COMPETENT  EVIDENCE,  SUCH DISABILITY OR DEATH (A) WAS CAUSED BY THE
 NATURAL AND PROXIMATE RESULT OF AN ACCIDENT, NOT CAUSED  BY  SUCH  FIRE-
 FIGHTER'S  OWN WILLFUL NEGLIGENCE, AND (B) WAS SUSTAINED IN THE PERFORM-
 ANCE AND DISCHARGE OF DUTY.
   § 2. The general municipal law is amended  by  adding  a  new  section
 207-kkk to read as follows:
   §  207-KKK.  DISABILITIES  OF FIREFIGHTERS IN CERTAIN CITIES CAUSED BY
 PARKINSON'S DISEASE.  NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS CHAP-
 TER TO THE CONTRARY, ANY CONDITION OF IMPAIRMENT  OF  HEALTH  CAUSED  BY
 PARKINSON'S DISEASE RESULTING IN TOTAL OR PARTIAL DISABILITY OR DEATH TO
 A  PAID  MEMBER  OF A FIRE DEPARTMENT IN A CITY WITH A POPULATION OF ONE
 MILLION OR MORE, OR ANY RETIRED MEMBER OF SUCH DEPARTMENT WHO  HAS  BEEN
 RETIRED  FOR TWO OR LESS YEARS, WHO SUCCESSFULLY PASSED A PHYSICAL EXAM-
 INATION ON ENTRY INTO THE SERVICE OF SUCH DEPARTMENT, WHICH  EXAMINATION
 FAILED  TO  REVEAL  ANY EVIDENCE OF SUCH CONDITION, SHALL BE PRESUMPTIVE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

Co-Sponsors

A6461A (ACTIVE) - Details

See Senate Version of this Bill:
S4233
Law Section:
Retirement and Social Security Law
Laws Affected:
Add §363-ff, R & SS L; add §207-kkk, Gen Muni L
Versions Introduced in 2019-2020 Legislative Session:
A9917, S8012

A6461A (ACTIVE) - Summary

Provides that any condition of impairment of health caused by Parkinson's Disease, resulting in total or partial disability or death to a paid firefighter shall be presumptive evidence that, unless the contrary be proven by competent evidence, such disability or death was caused by the natural and proximate result of an accident, not caused by such firefighter's own willful negligence, and was sustained in the performance and discharge of duty.

A6461A (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6461--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 17, 2021
                                ___________
 
 Introduced  by M. of A. ABBATE, GRIFFIN -- read once and referred to the
   Committee on Governmental  Employees  --  committee  discharged,  bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee
 
 AN ACT to amend the retirement and social security law and  the  general
   municipal  law,  in relation to disability retirement benefits for the
   presumption of Parkinson's Disease for paid firefighters
 
   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-ff to read as follows:
   §  363-FF.  FIREFIGHTER  CERTAIN  IMPAIRMENTS  OF HEALTH; PRESUMPTION.
 NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS CHAPTER  TO  THE  CONTRARY,
 ANY  CONDITION  OF  IMPAIRMENT  OF HEALTH CAUSED BY PARKINSON'S DISEASE,
 RESULTING IN TOTAL OR PARTIAL DISABILITY OR DEATH TO A PAID FIREFIGHTER,
 WHO SUCCESSFULLY PASSED A PHYSICAL EXAMINATION ON ENTRY INTO FIREFIGHTER
 SERVICE, WHICH EXAMINATION FAILED TO REVEAL ANY EVIDENCE OF SUCH  CONDI-
 TION,  SHALL BE PRESUMPTIVE EVIDENCE THAT, UNLESS THE CONTRARY BE PROVEN
 BY COMPETENT EVIDENCE, SUCH DISABILITY OR DEATH (A) WAS  CAUSED  BY  THE
 NATURAL  AND  PROXIMATE  RESULT OF AN ACCIDENT, NOT CAUSED BY SUCH FIRE-
 FIGHTER'S OWN WILLFUL NEGLIGENCE, AND (B) WAS SUSTAINED IN THE  PERFORM-
 ANCE AND DISCHARGE OF DUTY.
   §  2.  The  general  municipal  law is amended by adding a new section
 207-kkk to read as follows:
   § 207-KKK. DISABILITIES OF FIREFIGHTERS IN CERTAIN  CITIES  CAUSED  BY
 PARKINSON'S DISEASE.  NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS CHAP-
 TER  TO  THE  CONTRARY,  ANY CONDITION OF IMPAIRMENT OF HEALTH CAUSED BY
 PARKINSON'S DISEASE RESULTING IN TOTAL OR PARTIAL DISABILITY OR DEATH TO
 A PAID MEMBER OF A FIRE DEPARTMENT IN A CITY WITH A  POPULATION  OF  ONE
 MILLION  OR  MORE, OR ANY RETIRED MEMBER OF SUCH DEPARTMENT WHO HAS BEEN
 RETIRED FOR TWO OR LESS YEARS, WHO SUCCESSFULLY PASSED A PHYSICAL  EXAM-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.