Extends provisions of the "heart bill" to deputy sheriff members of the New York city employees' retirement system; where a deputy sheriff has a condition of impairment caused by a disease of the heart and such person successfully passed a physical exam on entry into the service of such agency, such condition shall be presumed to have occurred in the performance of their work duties.

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S1264A-2011 Actions

• Jan 9, 2012: PRINT NUMBER 1264A
• Jan 9, 2012: AMEND AND RECOMMIT TO LOCAL GOVERNMENT
• Jan 4, 2012: REFERRED TO LOCAL GOVERNMENT
• Jan 6, 2011: REFERRED TO LOCAL GOVERNMENT

S1264A-2011 Memo

BILL NUMBER:S1264A

TITLE OF BILL:
An act
to amend the general municipal law, in relation to certain heart
disabilities incurred by deputy sheriff members of the New York city
employees' retirement system in certain cases and providing for the
repeal of such provisions upon expiration thereof

PURPOSE:
This bill establishes a presumption with respect to heart disease that
results in disability for New York City Deputy Sheriffs.

SUMMARY OF PROVISIONS:
This bill amends the general municipal law, by adding a new section
207-r

JUSTIFICATION:
Due to the nature and stress of their law enforcement duties, the
instance of death or disability due to heart disease is an increasing
and alarming concern among New York Deputy Sheriffs.

LEGISLATIVE HISTORY:
2009-2010: S.3897 - Referred to Civil Service and Pensions
2007-2008: S.809  - Committed to Rules
2005-2006: S.3033 - Committed to Rules

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
Immediately, and be deemed repealed on June 30, 2013.

S1264A-2011 Text

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

                                   1264--A

                         2011-2012 Regular Sessions

                              I N  SENATE

                               January 6, 2011
                                 ___________

  Introduced  by  Sen. ADDABBO -- read twice and ordered printed, and when
    printed to be committed to the Committee on Local Government -- recom-
    mitted to the Committee on Local Government in accordance with  Senate
    Rule  6,  sec.  8  --  committee  discharged,  bill  amended,  ordered
    reprinted as amended and recommitted to said committee

  AN ACT to amend the general municipal law, in relation to certain  heart
    disabilities  incurred  by deputy sheriff members of the New York city
    employees' retirement system in certain cases 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 general municipal  law  is  amended  by  adding  a  new
  section 207-r to read as follows:

    S 207-R. DISABILITIES OF DEPUTY SHERIFF MEMBERS OF A RETIREMENT SYSTEM
  IN  CERTAIN  CASES.  1.  NOTWITHSTANDING  THE PROVISIONS OF ANY GENERAL,
  SPECIAL OR LOCAL LAW OR ADMINISTRATIVE CODE TO THE CONTRARY, BUT  EXCEPT
  FOR THE PURPOSES OF THE WORKERS' COMPENSATION LAW AND THE LABOR LAW, ANY
  CONDITION  OF  IMPAIRMENT  OF  HEALTH  CAUSED  BY DISEASES OF THE HEART,
  RESULTING IN TOTAL OR PARTIAL DISABILITY OR DEATH TO A DEPUTY CITY SHER-
  IFF LEVEL ONE, DEPUTY CITY SHERIFF LEVEL TWO, SUPERVISING DEPUTY SHERIFF
  OR ADMINISTRATIVE SHERIFF, IN CITIES WHERE SUCH EMPLOYEES ARE DRAWN FROM
  COMPETITIVE CIVIL SERVICE LISTS,  WHO  SUCCESSFULLY  PASSED  A  PHYSICAL
  EXAMINATION  ON ENTRY INTO THE SERVICE OF SUCH AGENCY, WHICH EXAMINATION
  FAILED TO REVEAL ANY EVIDENCE OF SUCH CONDITION,  SHALL  BE  PRESUMPTIVE
  EVIDENCE  THAT IT WAS INCURRED IN THE PERFORMANCE AND DISCHARGE OF DUTY,
  UNLESS THE CONTRARY BE PROVED BY COMPETENT EVIDENCE.
    2. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, A DEPUTY SHERIFF MEMBER
  RETIRING PURSUANT TO THE PROVISIONS OF SUBDIVISION ONE OF  THIS  SECTION
  SHALL  RECEIVE  A  PENSION  EQUAL  TO THREE-FOURTHS OF HIS FINAL AVERAGE
  SALARY.
    S 2. This act shall take effect immediately and shall remain  in  full
  force  and  effect  to  and  including  June 30, 2013, at which time the
  provisions of this act shall be deemed repealed.

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD01380-02-2