Provides that the death of a member of the New York state and local police and fire retirement system from heart disease during the course of his or her employment shall be deemed an accidental death for purposes of survivor benefits.
TITLE OF BILL: An act to amend the retirement and social security law, in relation to accidental death benefits payable to beneficiaries of members of the New York state and local police and fire retirement system
PURPOSE: This legislation will ensure that New York state and local police officers and firefighters are covered under the "Heart Act" if they have a heart attack and lose their lives in the line of duty.
SUMMARY OF PROVISIONS:
Section One - amends subdivision a of section 361 of the retirement and social security law by adding a new closing paragraph to state that any condition of impairment of health caused by diseases of the heart which results in the death of a member shall be deemed to have been incurred as the natural and proximate result of an accident sustained in the performance of duty in the service upon which his or her membership was based.
Section Two - provides this act shall take effect immediately.
JUSTIFICATION: The purpose of this legislation is ensure that New York state and local police officers and firefighters are covered under the "Heart Act" if they have a heart attack and lose their lives in the line of duty.
Currently police officers and firefighters receive 50% of their disability if they have a heart attack in the line of duty and survive. This legislation would provide the surviving spouse and family members with the 50% disability.
This bill is being introduced in honor of Officer Michael Perry suffered a fatal heart attack shortly after chasing and arresting a man at a local mall near state route 119. Officer Perry had called for assistance and chased the larceny suspect a short distance before placing him into custody. Officer Perry transported the man to police headquarters for booking when he suddenly collapsed. He was transported to White Plains Hospital where he passed away a short time later. The suspect, who was a career criminal with over 300 arrests, was charged with resisting arrest and larceny.
A resident of Yorktown, Officer Perry had served with the white plains police Department for seven years and previously with the NYC Department of Environmental Protection police. He is survived by his wife, twin sons, parents, sister, and brother. On June 14, 2010, Officer Perry was posthumously promoted to the rank of police Detective.
It is only proper that the State of New York honor the memory of Detective Michael Perry and all the police officers and firefighters
who have lost their lives in the line of duty, by ensuring their families are taken care of after they make the absolute sacrifice to keep our communities safe.
LEGISLATIVE HISTORY: 3/7/12 Referred to Civil Service and Pensions
FISCAL IMPLICATIONS: To be determined.
EFFECTIVE DATE: This act shall take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ 2575 2013-2014 Regular Sessions IN SENATE January 22, 2013 ___________Introduced by Sen. BALL -- 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 accidental death benefits payable to beneficiaries of members of the New York state and local police and fire retirement system THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision a of section 361 of the retirement and social security law is amended by adding a new closing paragraph to read as follows: FOR THE PURPOSES OF THIS SECTION AND SECTION THREE HUNDRED SIXTY-ONE-A OF THIS TITLE, ANY CONDITION OF IMPAIRMENT OF HEALTH CAUSED BY DISEASES OF THE HEART WHICH RESULTS IN THE DEATH OF A MEMBER SHALL BE DEEMED TO HAVE BEEN INCURRED AS THE NATURAL AND PROXIMATE RESULT OF AN ACCIDENT SUSTAINED IN THE PERFORMANCE OF DUTY IN THE SERVICE UPON WHICH HIS OR HER MEMBERSHIP WAS BASED. S 2. This act shall take effect immediately.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD07333-01-3