§ 809. Effect and rebuttal of certain medical presumptions pertaining
to diseases of the heart. a. This section shall apply to certain
applications 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.

b. Notwithstanding any other provision of law to the contrary an
application for an accidental disability retirement allowance that is
based on a permanent incapacity caused by a disease of the heart, shall
not be required to allege or establish:

(1) that the member sustained an accident or other incident related to
the performance and discharge of duty; or

(2) that notice was provided thereof.

c. Notwithstanding any other provision of law to the contrary, the
presumptions referred to in subdivision a of this section may be
rebutted only by competent evidence that the disability is not the
natural and proximate result of the performance and discharge of duty.