S2575-2013 Actions

• May 14, 2013: PRINT NUMBER 2575A
• May 14, 2013: AMEND AND RECOMMIT TO CIVIL SERVICE AND PENSIONS
• Jan 22, 2013: REFERRED TO CIVIL SERVICE AND PENSIONS

S2575-2013 Memo

BILL NUMBER:S2575

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.

S2575-2013 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         2575
 2013-2014 Regular Sessions
 I N  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

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