Bill Text: NY A06767 | 2021-2022 | General Assembly | Amended

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Bill Title: Allows claims for benefits for death or disability due to vascular rupture.

Spectrum: Bipartisan Bill

Status: (Passed) 2021-12-21 - signed chap.680 [A06767 Detail]

Download: New_York-2021-A06767-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         6767--A

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                     March 29, 2021
                                       ___________

        Introduced by M. of A. WOERNER, SIMPSON, JENSEN, DURSO, GANDOLFO -- read
          once  and  referred to the Committee on Local Governments -- committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee

        AN ACT to amend the volunteer firefighters' benefit law, in relation  to
          death or disability due to vascular rupture

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. The section heading and subdivision 1 of section 61 of  the
     2  volunteer  firefighters'  benefit  law,  the section heading as added by
     3  chapter 668 of the laws of 1977, and subdivision 1 as amended by chapter
     4  476 of the laws of 2018, are amended to read as follows:
     5    Death or disability due to disease or malfunction of heart or coronary
     6  arteries or due to vascular rupture; claims and procedures. 1.  A  claim
     7  for  benefits for the death or disability of a volunteer firefighter due
     8  to disease or malfunction of the  heart  or  of  one  or  more  coronary
     9  arteries or a claim for benefits for the death or disability of a volun-
    10  teer  firefighter  due  to  vascular  rupture  filed  in accordance with
    11  section forty-one of this chapter, shall  not  be  denied  provided  the
    12  claimant  introduces  evidence  which establishes that a volunteer fire-
    13  fighter suffered disease or malfunction of the heart or of one  or  more
    14  coronary  arteries, or vascular rupture, which caused the disablement or
    15  death  of  the  volunteer  firefighter,  and  that   such   disease   or
    16  malfunction,  or  vascular  rupture, resulted from the duties and activ-
    17  ities in which the volunteer firefighter was engaged  as  set  forth  in
    18  section five of this chapter for which benefits shall be paid, unless it
    19  can be shown by substantial evidence to the contrary that the duties and
    20  activities  of  the  volunteer  firefighter in which the volunteer fire-
    21  fighter was engaged at the time  of  such  disease  or  malfunction,  or
    22  vascular  rupture, did not cause or precipitate such disease or malfunc-
    23  tion, or vascular rupture; and further provided that the injury did  not

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08506-02-1
        A. 6767--A                          2

     1  result  solely  from the intoxication of the volunteer firefighter while
     2  acting in line of duty or was not occasioned by the wilful intention  of
     3  the  volunteer firefighter to bring about the injury or death of himself
     4  or herself or another.
     5    §  2. This act shall take effect immediately; provided that the amend-
     6  ments to section 61 of the volunteer firefighters' benefit law  made  by
     7  section  one of this act shall not affect the repeal of such section and
     8  shall be deemed repealed therewith.