Bill Text: NY S01264 | 2011-2012 | General Assembly | Introduced

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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.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Introduced - Dead) 2012-01-09 - PRINT NUMBER 1264A [S01264 Detail]

Download: New_York-2011-S01264-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1264
                              2011-2012 Regular Sessions
                                   I N  S E N A T E
                                    January 6, 2011
                                      ___________
       Introduced  by  Sen. ADDABBO -- read twice and ordered printed, and when
         printed to be committed to the Committee on Local Government
       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-r to read as follows:
    3    S 207-R. 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, 2012, 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.
                                                                  LBD01380-01-1