Bill Text: NY A07204 | 2009-2010 | General Assembly | Introduced

New York Assembly Bill 7204 (Prior Session Legislation)

Introduced

Bill Title: 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.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2010-01-06 - referred to local governments [A07204 Detail]

Download: New_York-2009-A07204-Introduced.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         7204
                              2009-2010 Regular Sessions
                                 I N  A S S E M B L Y
                                    March 26, 2009
                                      ___________
       Introduced  by  M. of A. ABBATE, SCHROEDER, TOWNSEND, SALADINO -- Multi-
         Sponsored by -- M. of A. PHEFFER -- read  once  and  referred  to  the
         Committee on Local Governments
       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:
    1    Section  1.  The  general  municipal  law  is  amended by adding a new
    2  section 207-s to read as follows:
    3    S 207-S. DISABILITIES OF DEPUTY SHERIFF MEMBERS OF A RETIREMENT SYSTEM
    4  IN CERTAIN CASES. 1. NOTWITHSTANDING  THE  PROVISIONS  OF  ANY  GENERAL,
    5  SPECIAL  OR LOCAL LAW OR ADMINISTRATIVE CODE TO THE CONTRARY, BUT EXCEPT
    6  FOR THE PURPOSES OF THE WORKERS' COMPENSATION LAW AND THE LABOR LAW, ANY
    7  CONDITION OF IMPAIRMENT OF HEALTH  CAUSED  BY  DISEASES  OF  THE  HEART,
    8  RESULTING IN TOTAL OR PARTIAL DISABILITY OR DEATH TO A DEPUTY CITY SHER-
    9  IFF LEVEL ONE, DEPUTY CITY SHERIFF LEVEL TWO, SUPERVISING DEPUTY SHERIFF
   10  OR ADMINISTRATIVE SHERIFF, IN CITIES WHERE SUCH EMPLOYEES ARE DRAWN FROM
   11  COMPETITIVE  CIVIL  SERVICE  LISTS,  WHO  SUCCESSFULLY PASSED A PHYSICAL
   12  EXAMINATION ON ENTRY INTO THE SERVICE OF SUCH AGENCY, WHICH  EXAMINATION
   13  FAILED  TO  REVEAL  ANY EVIDENCE OF SUCH CONDITION, SHALL BE PRESUMPTIVE
   14  EVIDENCE THAT IT WAS INCURRED IN THE PERFORMANCE AND DISCHARGE OF  DUTY,
   15  UNLESS THE CONTRARY BE PROVED BY COMPETENT EVIDENCE.
   16    2. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, A DEPUTY SHERIFF MEMBER
   17  RETIRING  PURSUANT  TO THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION
   18  SHALL RECEIVE A PENSION EQUAL TO  THREE-FOURTHS  OF  HIS  FINAL  AVERAGE
   19  SALARY.
   20    S  2.  This act shall take effect immediately and shall remain in full
   21  force and effect to and including June  30,  2010,  at  which  time  the
   22  provisions of this act shall be deemed repealed.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD10379-01-9