Senate Bill S5212

2023-2024 Legislative Session

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

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Civil Service And Pensions Committee


  • 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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2023-S5212 (ACTIVE) - Details

See Assembly Version of this Bill:
A5201
Current Committee:
Senate Civil Service And Pensions
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
2021-2022: S6093, A7004

2023-S5212 (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.

2023-S5212 (ACTIVE) - Sponsor Memo

2023-S5212 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5212
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 27, 2023
                                ___________
 
 Introduced  by  Sen. JACKSON -- 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.
                                                            LBD08408-02-3
 S. 5212                             2
              

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