Senate Bill S6093A

2021-2022 Legislative Session

Relates to the effect and rebuttal of certain medical presumptions relating to heart disease

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Sponsored By

Archive: Last Bill Status - Passed Senate & Assembly


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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Bill Amendments

co-Sponsors

2021-S6093 - Details

See Assembly Version of this Bill:
A7004
Law Section:
Retirement and Social Security Law
Laws Affected:
Amd §363-a, add §809, R & SS L
Versions Introduced in Other Legislative Sessions:
2019-2020: S5988, A7907
2023-2024: S5212, A5201

2021-S6093 - Summary

Relates to the effect and rebuttal of certain medical presumptions relating to heart disease; provides that, for certain members, any condition of impairment of health caused by a disease of the heart, resulting in disability, shall be presumptive evidence that such disability was incurred in the performance and discharge of duty and the natural and proximate result of an accident.

2021-S6093 - Sponsor Memo

2021-S6093 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6093
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               April 8, 2021
                                ___________
 
 Introduced by Sen. GOUNARDES -- 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
   certain medical presumptions applicable to members  of  the  New  York
   state and local employees' retirement system

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 2 of section 363-a of the retirement and social
 security law, as amended by chapter 437 of the laws of 2016, is  amended
 to read as follows:
   2.  Notwithstanding  any  provision of this chapter or of any general,
 special, or local law to the contrary, any condition  of  impairment  of
 health caused by diseases of the heart, resulting in disability or death
 to  a  police  officer, presently employed, and who shall have sustained
 such disability while so employed, 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.
   § 2. The retirement and social security law is amended by adding a new
 section 809 to read as follows:
   § 809. EFFECT AND REBUTTAL OF CERTAIN MEDICAL PRESUMPTIONS  PERTAINING
 TO  DISEASES OF THE HEART. A. THIS SECTION SHALL APPLY TO CERTAIN APPLI-
 CATIONS FOR DISABILITY RETIREMENT ALLOWANCES MADE BY OR ON BEHALF  OF  A
 MEMBER  OF  THE NEW YORK STATE AND LOCAL EMPLOYEES' RETIREMENT SYSTEM OR
 THE NEW YORK STATE AND LOCAL POLICE AND  FIRE  RETIREMENT  SYSTEM.    IT
 SHALL  APPLY ONLY TO APPLICATIONS THAT ARE SUBJECT UNDER THIS CHAPTER TO
 A PROVISION THAT ANY CONDITION OF  IMPAIRMENT  OF  HEALTH  CAUSED  BY  A
 DISEASE  OF  THE  HEART,  RESULTING  IN DISABILITY, SHALL BE PRESUMPTIVE
 EVIDENCE THAT SUCH  DISABILITY  WAS  INCURRED  IN  THE  PERFORMANCE  AND
 DISCHARGE OF DUTY AND THE NATURAL AND PROXIMATE RESULT OF AN ACCIDENT.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10747-02-1
              

co-Sponsors

2021-S6093A (ACTIVE) - Details

See Assembly Version of this Bill:
A7004
Law Section:
Retirement and Social Security Law
Laws Affected:
Amd §363-a, add §809, R & SS L
Versions Introduced in Other Legislative Sessions:
2019-2020: S5988, A7907
2023-2024: S5212, A5201

2021-S6093A (ACTIVE) - Summary

Relates to the effect and rebuttal of certain medical presumptions relating to heart disease; provides that, for certain members, any condition of impairment of health caused by a disease of the heart, resulting in disability, shall be presumptive evidence that such disability was incurred in the performance and discharge of duty and the natural and proximate result of an accident.

2021-S6093A (ACTIVE) - Sponsor Memo

2021-S6093A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6093--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               April 8, 2021
                                ___________
 
 Introduced  by Sens. GOUNARDES, MAYER -- read twice and ordered printed,
   and when printed to be committed to the Committee on Civil Service and
   Pensions -- recommitted to the Committee on Civil Service and Pensions
   in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill
   amended, ordered reprinted as amended and recommitted to said  commit-
   tee
 
 AN  ACT  to amend the retirement and social security law, in relation to
   certain medical presumptions applicable to members  of  the  New  York
   state and local employees' retirement system
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 2 of section 363-a of the retirement and social
 security law, as amended by chapter 437 of the laws of 2016, is  amended
 to read as follows:
   2.  Notwithstanding  any  provision of this chapter or of any general,
 special, or local law to the contrary, any condition  of  impairment  of
 health caused by diseases of the heart, resulting in disability or death
 to  a  police  officer, presently employed, and who shall have sustained
 such disability while so employed, 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.
   § 2. The retirement and social security law is amended by adding a new
 section 809 to read as follows:
   § 809. EFFECT AND REBUTTAL OF CERTAIN MEDICAL PRESUMPTIONS  PERTAINING
 TO  DISEASES OF THE HEART. A. THIS SECTION SHALL APPLY TO CERTAIN APPLI-
 CATIONS FOR DISABILITY RETIREMENT ALLOWANCES MADE BY OR ON BEHALF  OF  A
 MEMBER  OF  THE NEW YORK STATE AND LOCAL EMPLOYEES' RETIREMENT SYSTEM OR
 THE NEW YORK STATE AND LOCAL POLICE AND  FIRE  RETIREMENT  SYSTEM.    IT
 SHALL  APPLY ONLY TO APPLICATIONS THAT ARE SUBJECT UNDER THIS CHAPTER TO
 A PROVISION THAT ANY CONDITION OF  IMPAIRMENT  OF  HEALTH  CAUSED  BY  A
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10747-05-2
              

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