Bill Text: NY S04562 | 2021-2022 | General Assembly | Amended

---

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

Spectrum: Slight Partisan Bill (Republican 5-2)

Status: (Introduced - Dead) 2021-06-09 - SUBSTITUTED BY A6767A [S04562 Detail]

Download: New_York-2021-S04562-Amended.html

---

                STATE OF NEW YORK
        ________________________________________________________________________

                                         4562--A
            Cal. No. 752

                               2021-2022 Regular Sessions

                    IN SENATE

                                    February 5, 2021
                                       ___________

        Introduced by Sens. BROOKS, STEC, BORRELLO, GAUGHRAN, JORDAN, MATTERA --
          read  twice  and  ordered printed, and when printed to be committed to
          the Committee on Local Government  --  reported  favorably  from  said
          committee,  ordered  to  first  and  second report, ordered to a third
          reading, amended and ordered reprinted, retaining  its  place  in  the
          order of third reading

        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

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08506-03-1
        S. 4562--A                          2

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    10  shall be deemed repealed therewith.