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Heart Presumption- NYSCOPBA CO’s and SHTA’s
§ 63-a. Performance of duty disability retirement. a. Any member in
the uniformed personnel in institutions under the jurisdiction of the
department of correctional services or a security hospital treatment
assistant, as those terms are defined in subdivision i of section
eighty-nine of this article, who becomes physically or mentally
incapacitated for the performance of duties as the natural and proximate
result of an injury, sustained in the performance or discharge of his or
her duties by, or as the natural and proximate result of an act of any
inmate or any person confined in an institution under the jurisdiction
of the department of correctional services or office of mental health,
or by any person who has been committed to such institution by any court
shall be paid a performance of duty disability retirement allowance
equal to that which is provided in section sixty-three of this title,
subject to the provisions of section sixty-four of this title.
b. Notwithstanding any provision of this chapter or of any general or
special law to the contrary, a member covered by this section who
contracts HIV (where there may have been an exposure to a bodily fluid
of an inmate or a person described in subdivision a of this section as a
natural and proximate result of an act of any inmate or person described
in such subdivision a that may have involved transmission of a specified
transmissible disease from an inmate or such person described in such
subdivision a to the retirement system member), tuberculosis or
hepatitis will be presumed to have contracted such disease in the
performance or discharge of his or her duties, and will be presumed to
be disabled from the performance of his or her duties, unless the
contrary be proved by competent evidence.
* c. Notwithstanding any provision of this chapter or of any general
or special law to the contrary, any condition of impairment of health
caused by diseases of the heart, resulting in disability or death to a
member covered by this section, presently employed and who shall have
sustained such disability while so employed, who successfully passed a
physical examination on entry into service as a correction officer or
security hospital treatment assistant, which examination failed to
disclose evidence of any disease or other impairment of the heart, shall
be presumptive evidence that it was incurred in the performance and
discharge of duty, unless the contrary be proved by competent evidence.
* NB Expired and repealed July 1, 2001. § 480 of Retirement and Social
Security Law (as amended by ch. 44/2001 § 2) extends disability benefits
implemented by former § 63-c.
* § 507-b. Performance of duty disability retirement. a. Any member in
the uniformed personnel in institutions under the jurisdiction of the
department of correctional services or a security hospital treatment
assistant, as those terms are defined in subdivision i of section
eighty-nine of this chapter, who becomes physically or mentally
incapacitated for the performance of duties as the natural and proximate
result of an injury, sustained in the performance or discharge of his or
her duties by, or as a natural and proximate result of, an act of any
inmate or any person confined in an institution under the jurisdiction
of the department of correctional services or office of mental health,
or by any person who has been committed to such institution by any court
shall be paid a performance of duty disability retirement allowance
equal to that which is provided in section sixty-three of this chapter,
subject to the provisions of section sixty-four of this chapter.
b. Notwithstanding any provision of this chapter or of any general or
special law to the contrary, a member covered by this section who
contracts HIV (where there may have been an exposure to a bodily fluid
of an inmate or a person described in subdivision a of this section as a
natural and proximate result of an act of any inmate or person described
in such subdivision a that may have involved transmission of a specified
transmissible disease from an inmate or such person described in such
subdivision a to the retirement system member), tuberculosis or
hepatitis will be presumed to have contracted such disease in the
performance or discharge of his or her duties, and will be presumed to
be disabled from the performance of his or her duties, unless the
contrary be proved by competent evidence.
c. Notwithstanding any provision of this chapter or of any general or
special law to the contrary, any condition of impairment of health
caused by diseases of the heart, resulting in disability or death to a
member covered by this section, presently employed and who shall have
sustained such disability while so employed, who successfully passed a
physical examination on entry into service as a correction officer or
security hospital treatment assistant, which examination failed to
disclose evidence of any disease or other impairment of the heart, shall
be presumptive evidence that it was incurred in the performance and
discharge of duty, unless the contrary be proved by competent evidence.
* NB Expires June 30, 2007
* § 607-d. Disability benefits. A county may elect to make the
benefits provided herein available to the sheriff, undersheriff, deputy
sheriffs who are engaged directly in criminal law enforcement
activities, and correction officers who are in the employ of the county.
Notwithstanding any provision of this chapter or any general or special
law to the contrary, any condition of impairment of health caused by
diseases of the heart, resulting in the disability or death to a member
covered by this section, presently employed and who shall have sustained
such disability while so employed, who successfully passed a physical
examination on entry into service as a member covered by this section,
which examination failed to disclose evidence of any disease or other
impairment of the heart, shall be presumptive evidence that it was
incurred in the performance and discharge of duty, unless the contrary
can be proved by competent evidence.
* NB Expires June 30, 2007
