Bill Text: NY A07267 | 2011-2012 | General Assembly | Introduced

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Bill Title: Revives the presumption relating to certain lung disabilities incurred by firefighters.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2011-05-11 - enacting clause stricken [A07267 Detail]

Download: New_York-2011-A07267-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
           S. 4853                                                  A. 7267
                              2011-2012 Regular Sessions
                             S E N A T E - A S S E M B L Y
                                    April 27, 2011
                                      ___________
       IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
         ed, and when printed to be committed to the Committee on Civil Service
         and Pensions
       IN  ASSEMBLY  -- Introduced by M. of A. THIELE -- read once and referred
         to the Committee on Governmental Employees
       AN ACT to amend the retirement and social security law and  the  general
         municipal  law,  in  relation to extending the presumption relating to
         certain lung disabilities incurred by firefighters
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 363-f of the retirement and social security law, as
    2  amended  by  chapter  103  of  the  laws  of 2006, is amended to read as
    3  follows:
    4    S 363-f. Firefighters; presumption in certain diseases.  Notwithstand-
    5  ing any provision of this chapter or of any general,  special  or  local
    6  law to the contrary, and for the purposes of this chapter, any condition
    7  of  impairment  of  health  caused by diseases of the lung, resulting in
    8  total or partial disability or death to a uniformed  member  of  a  paid
    9  fire  department, where such member successfully passed a physical exam-
   10  ination on entry into such service or subsequent thereto, which examina-
   11  tion failed to reveal any evidence of such conditions, shall be presump-
   12  tive evidence that such disability  or  death  (1)  was  caused  by  the
   13  natural  and  proximate  result of an accident, not caused by such fire-
   14  fighter's own negligence and (2) was incurred  in  the  performance  and
   15  discharge  of duty, unless the contrary be proven by competent evidence.
   16  The provisions of this section shall remain in full force and effect  to
   17  and including the thirtieth day of June, two thousand [eight] THIRTEEN.
   18    S 2. Section 207-q of the general municipal law, as amended by chapter
   19  103 of the laws of 2006, is amended to read as follows:
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD03842-03-1
       S. 4853                             2                            A. 7267
    1    S 207-q. Firefighters; presumption in certain diseases.  Notwithstand-
    2  ing  any  provision  of this chapter or of any general, special or local
    3  law to the contrary, and for the purposes of this chapter, any condition
    4  of impairment of health caused by diseases of  the  lung,  resulting  in
    5  total  or  partial  disability  or death to a uniformed member of a paid
    6  fire department, where such member successfully passed a physical  exam-
    7  ination on entry into such service or subsequent thereto, which examina-
    8  tion failed to reveal any evidence of such conditions, shall be presump-
    9  tive  evidence  that  such  disability  or  death  (1) was caused by the
   10  natural and proximate result of an accident, not caused  by  such  fire-
   11  fighter's  own  negligence  and  (2) was incurred in the performance and
   12  discharge of duty, unless the contrary be proven by competent  evidence.
   13  The  provisions of this section shall remain in full force and effect to
   14  and including the thirtieth day of June, two thousand [eight] THIRTEEN.
   15    S 3.   Notwithstanding the provisions of  article  5  of  the  general
   16  construction  law, the provisions of section 363-f of the retirement and
   17  social security law and section 207-q of the general municipal  law,  as
   18  amended  by  sections  one  and two of this act respectively, are hereby
   19  revived and shall continue in full force and effect as  such  provisions
   20  existed on June 30, 2008.
   21    S 4. This act shall take effect immediately.
         FISCAL NOTE.-- Pursuant to Legislative Law, Section 50:
         This  bill  would  extend  the  effective  period of the provisions of
       Section 363-f of the Retirement and Social Security Law, which  provides
       that  any  condition  or  impairment of health caused by diseases of the
       lung, resulting in  disability  or  death  to  a  firefighter  shall  be
       presumptive  evidence  that,  unless the contrary be proven by competent
       evidence, such disability or death was caused by the natural and  proxi-
       mate  cause  of  an  accident,  and  was incurred in the performance and
       discharge of duty.
         If this bill is enacted, we do not anticipate that there would  be  an
       additional  cost  since  these provisions are included among those which
       are regularly extended by the passage of the legislation which  provides
       for the "extension of all temporary rights and benefits".
         This  estimate,  dated  December  28,  2010, and intended for use only
       during the  2011  Legislative  Session,  is  Fiscal  Note  No.  2011-78,
       prepared by the Actuary for the New York State and Local Police and Fire
       Retirement System.