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New York State Correctional Officers & Police Benevolent Association, Inc.

NYSCOPBA represents over 26,000 New York State employees and retirees from the Security Services Unit. Our Union was formed in May 1998 and since that time has provided superior representation to our membership under the independent and democratic model. Our Mission continued...

¾ 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
102 Hackett Blvd., Albany, NY 12209   518.427.1551 | 888.484.7279  Fax: (518) 426-1635  nyscopba@nyscopba.org