Bill Text: NY A05740 | 2011-2012 | General Assembly | Introduced

New York Assembly Bill 5740 (Prior Session Legislation)

Introduced

Bill Title: Provides a presumption that certain impairments of health of police officers were incurred in the performance or discharge of duty; relates to melanoma or a condition of cancer affecting the lymphatic, digestive, hematological, urinary or prostate systems resulting in total or partial disability or death to a police officer.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2012-01-04 - referred to governmental employees [A05740 Detail]

Download: New_York-2011-A05740-Introduced.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5740
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 28, 2011
                                      ___________
       Introduced by M. of A. ABBATE -- read once and referred to the Committee
         on Governmental Employees
       AN  ACT  to amend the retirement and social security law, in relation to
         certain impairments of health presumed to be incurred  in  performance
         or discharge of duty
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The retirement and social security law is amended by adding
    2  a new section 363-ddd to read as follows:
    3    S 363-DDD. CERTAIN IMPAIRMENTS OF HEALTH; PRESUMPTION.   NOTWITHSTAND-
    4  ING  ANY OTHER PROVISIONS OF THIS CHAPTER TO THE CONTRARY, ANY (I) MELA-
    5  NOMA OR (II) CONDITION OF CANCER  AFFECTING  THE  LYMPHATIC,  DIGESTIVE,
    6  HEMATOLOGICAL,  URINARY  OR  PROSTATE  SYSTEMS,  RESULTING  IN  TOTAL OR
    7  PARTIAL DISABILITY OR DEATH TO A POLICE OFFICER, WHO SUCCESSFULLY PASSED
    8  A PHYSICAL EXAMINATION ON ENTRY INTO POLICE SERVICE,  WHICH  EXAMINATION
    9  FAILED  TO  REVEAL  ANY EVIDENCE OF SUCH MELANOMA OR CONDITION, SHALL BE
   10  PRESUMPTIVE EVIDENCE  THAT  IT  WAS  INCURRED  IN  THE  PERFORMANCE  AND
   11  DISCHARGE OF DUTY UNLESS THE CONTRARY BE PROVED BY COMPETENT EVIDENCE.
   12    S 2. This act shall take effect immediately.
         FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
         This  bill will add a new Section 363-ddd to the Retirement and Social
       Security Law which will provide certain police officers with the benefit
       that any impairment of health caused by certain types of cancer  result-
       ing  in  disability  or  death shall be presumptive evidence that it was
       incurred in the performance and discharge of duty, unless  the  contrary
       be proven by competent evidence.
         If this bill is enacted, we anticipate that few additional performance
       of  duty disability retirements will be granted, and thus, the resulting
       costs will be negligible.
         This estimate, dated November 17, 2010,  and  intended  for  use  only
       during  the  2011  Legislative  Session,  is  Fiscal  Note  No. 2011-23,
       prepared by the Actuary for the New York State and Local Police and Fire
       Retirement System.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD09551-01-1