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.
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EFFECTIVE DATE: Immediately, and be deemed repealed on June 30, 2013.
STATE OF NEW YORK ________________________________________________________________________ 1264--A 2011-2012 Regular Sessions IN 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