Adds a heart presumption for peace officers of the division of parole who are members of the NYS&LERS; relates to benefits payable to, or on behalf of, certain employees of the division of parole injured or killed in the performance of duty.

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S1261-2011 Actions

• Jan 9, 2012: RECOMMIT, ENACTING CLAUSE STRICKEN
• Jan 4, 2012: REFERRED TO CIVIL SERVICE AND PENSIONS
• Jan 6, 2011: REFERRED TO CIVIL SERVICE AND PENSIONS

S1261-2011 Memo

BILL NUMBER:S1261

TITLE OF BILL:
An act
to amend the retirement and social security law, in relation to benefits
payable to, or on behalf of, certain employees of the division of parole
injured or killed in the performance of duty; and providing for the
repeal of such provisions upon expiration thereof

PURPOSE OR GENERAL IDEA OF BILL:
This bill intends to provide parole officers who suffer job related
heart disease with the presumption that the heart disease is job
related.

SUMMARY OF SPECIFIC PROVISIONS:
This bill would provide that it shall be presumptive evidence that
a parole officer who suffers an impairment of health, due to heart
disease, which results in disability or death, that such heart
disease is employment related; and require the parole officer to have
successfully passed a physical examination prior to entry into
service which failed to disclose evidence of heart disease.

JUSTIFICATION:
Parole officers employed by the Division of Parole, like law
enforcement and fire fighting officers, argue that heart conditions
are often caused by, or aggravated by, the nature of their work and
that, accordingly, such injuries should be considered job connected.
This bill would extend to parole officers the benefits of the "heart
bill." Police officers and fire fighters already are protected by
this benefit.

PRIOR LEGISLATIVE HISTORY:
2009-2010: S.2557 - Referred to Civil Service and Pensions
2008 Session: Rules (S.7311)
2007 Session: Passed Senate and Assembly - Vetoed (No. 21)
2006 Session: Passed Senate and Assembly - Vetoed (No. 373)

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
The estimated increase in the annual contributions for the State of
New York would be approximately $96,000. This is based on the
estimated 1,145 members eligible under this legislation.

EFFECTIVE DATE:
Ninetieth day after enactment and shall expire and be deemed repealed
on July 1, 2012.

S1261-2011 Text

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

                                    1261

                         2011-2012 Regular Sessions

                              I N  SENATE

                               January 6, 2011
                                 ___________

  Introduced  by  Sens.  ADDABBO,  DIAZ, HASSELL-THOMPSON, HUNTLEY, KLEIN,
    PARKER, SAVINO -- 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
    benefits payable to, or on behalf of, certain employees of  the  divi-
    sion  of  parole  injured  or  killed  in the performance of duty; and
    providing for the repeal of such provisions upon expiration thereof

    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 63-g to read as follows:

    S  63-G.  DISABILITY  RETIREMENT FOR PEACE OFFICERS OF THE DIVISION OF
  PAROLE; CERTAIN DISABILITIES. A. NOTWITHSTANDING ANY PROVISION  OF  THIS
  CHAPTER  OR OF ANY GENERAL OR SPECIAL LAW TO THE CONTRARY, ANY CONDITION
  OF IMPAIRMENT OF HEALTH CAUSED BY DISEASES OF THE  HEART,  RESULTING  IN
  DISABILITY  OR  DEATH  TO  A  PEACE  OFFICER EMPLOYED BY THE DIVISION OF
  PAROLE 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.
    B. AS USED IN THIS SECTION, THE TERM "PEACE OFFICER"  SHALL  MEAN  ANY
  EMPLOYEE  OF THE DIVISION OF PAROLE WHO IS DESIGNATED AS A PEACE OFFICER
  PURSUANT TO SUBDIVISION TWENTY-THREE OR TWENTY-THREE-A OF  SECTION  2.10
  OF  THE  CRIMINAL  PROCEDURE  LAW, WHO, PRIOR TO ENTRY INTO SERVICE AS A
  PAROLE OR SENIOR PAROLE OFFICER SUCCESSFULLY PASSED A PHYSICAL  EXAMINA-
  TION  WHICH FAILED TO DISCLOSE EVIDENCE OF ANY DISEASE  OR OTHER IMPAIR-
  MENT OF THE HEART.
    S 2. The retirement and social security law is amended by adding a new
  section 605-d to read as follows:

    S 605-D. DISABILITY RETIREMENT FOR PEACE OFFICERS OF THE  DIVISION  OF
  PAROLE;  ACCIDENTAL  DISABILITY  RETIREMENT FOR CERTAIN DISABILITIES. A.
  NOTWITHSTANDING ANY PROVISION OF THIS  CHAPTER  OR  OF  ANY  GENERAL  OR

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD01377-01-1

 S. 1261                             2

  SPECIAL  LAW  TO  THE  CONTRARY,  IF  AN  IMPAIRMENT OF HEALTH CAUSED BY
  DISEASES OF THE HEART, RESULTS IN DISABILITY OR DEATH TO A PEACE OFFICER
  EMPLOYED BY THE DIVISION OF PAROLE SUCH IMPAIRMENT 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, AND SUCH PEACE OFFICER SHALL BE PAID  A
  PERFORMANCE  OF DUTY DISABILITY RETIREMENT ALLOWANCE EQUAL TO THAT WHICH
  IS PROVIDED IN SECTION  SIXTY-THREE  OF  THIS  CHAPTER  SUBJECT  TO  THE
  PROVISIONS  OF  SECTION  SIXTY-FOUR OF THIS CHAPTER.  SAID PEACE OFFICER
  MAY MAKE APPLICATION FOR ACCIDENTAL DISABILITY RETIREMENT SUBJECT TO THE
  FILING REQUIREMENTS PROVIDED BY SECTION SIXTY-THREE OF THIS CHAPTER.
    B. AS USED IN THIS SECTION, THE TERM "PEACE OFFICER"  SHALL  MEAN  ANY
  EMPLOYEE  OF THE DIVISION OF PAROLE WHO IS DESIGNATED AS A PEACE OFFICER
  PURSUANT TO SUBDIVISION TWENTY-THREE OR TWENTY-THREE-A OF  SECTION  2.10
  OF  THE  CRIMINAL  PROCEDURE  LAW, WHO, PRIOR TO ENTRY INTO SERVICE AS A
  PAROLE OR SENIOR PAROLE OFFICER SUCCESSFULLY PASSED A PHYSICAL  EXAMINA-
  TION  WHICH  FAILED TO DISCLOSE EVIDENCE OF ANY DISEASE OR OTHER IMPAIR-
  MENT OF THE HEART.
    S 3. This act shall take effect on the ninetieth day  after  it  shall
  have  become a law and shall expire and be deemed repealed July 1, 2012.