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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...

Heart Bill Clarification

STATE OF NEW YORK
        ________________________________________________________________________
7569
IN SENATE
 
June 18, 2004
___________
Introduced  by  Sens. MORAHAN, GOLDEN, LEIBELL -- read twice and ordered
printed, and when printed to be committed to the Committee on Rules
AN ACT to amend the retirement and social security law, in  relation  to
certain  medical  presumptions  applicable  to members of the New York
state and local retirement system
The People of the State of New York, represented in Senate and  Assem-
bly, do enact as follows:
1      Section 1. Subdivision 2 of section 363-a of the retirement and social
2    security  law, as amended by chapter 967 of the laws of 1974, is amended
3    to read as follows:
4      2. Notwithstanding any provision of this chapter or  of  any  general,
5    special  or  local  law  to the contrary, any condition of impairment of
6    health caused by diseases of the heart, resulting in disability or death
7    to a policeman, presently employed, and who shall  have  sustained  such
8    disability while so employed, shall be presumptive evidence that [is] it
9    was  incurred  in  the performance and discharge of duty and the natural
10    and proximate result of an accident, unless the contrary  be  proved  by
11    competent evidence.
12      § 2. The retirement and social security law is amended by adding a new
13    section 807 to read as follows:
14      §  807. Effect and rebuttal of certain medical presumptions pertaining
15    to diseases of the heart. a. This section shall apply to certain  appli-
16    cations  for  disability retirement allowances made by or on behalf of a
17    member of the New York state and local employees' retirement  system  or
18    the  New  York  state and local police and fire retirement system and to
19    certain applications for death benefits made on account of the death  of
20    a member of the New York state and local employees' retirement system or
21    the New York state and local police and fire retirement system. It shall
22    apply  only  to  applications  that  are subject under this chapter to a
23    provision that any condition of impairment of health caused by a disease
24    of the heart, resulting in disability or  death,  shall  be  presumptive
25    evidence  that  such disability or death was incurred in the performance
26    and discharge of duty and the natural and proximate result of  an  acci-
27    dent.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD18447-01-4
S. 7569                             2
1      b.  Notwithstanding  any  other  provision  of law to the contrary, an
2    application for an accidental disability retirement  allowance  that  is
3    based  on a permanent incapacity caused by a disease of the heart, or an
4    application for an accidental death benefit that is based on  a  disease
5    of the heart shall not be required to allege or establish:
6      (1) that the member sustained an accident or other incident related to
7    the performance and discharge of duty; or
8      (2) that notice was provided thereof.
9      c.  Notwithstanding  any  other  provision of law to the contrary, the
10    presumptions referred to  in  subdivision  a  of  this  section  may  be
11    rebutted  only by competent evidence that the disability or death is not
12    the natural and proximate result of the  performance  and  discharge  of
13    duty.
14      § 3. This act shall take effect immediately.
FISCAL NOTE.-- Pursuant to Legislative Law Section 50:
This  bill  would  amend  the  Retirement  and  Social Security Law in
relation to heart disease related disabilities and deaths for members in
the New York State and Local  Employees'  Retirement  System  (ERS)  who
currently  have "heart provisions" and all members in the New York State
and Local Police and Fire Retirement System (PFRS). It would grant acci-
dental disability and accidental death benefits for heart cases by deem-
ing such disabilities or deaths to have been sustained in  the  perform-
ance  of  duty,  and  the  natural  and proximate result of an accident,
unless the contrary be proven by competent evidence.
If this bill is enacted, more accidental disabilities  and  accidental
death  benefits  would  be granted. The estimated increase in the annual
contributions to the State of  New  York  would  be  approximately  $6.7
million  for  its  PFRS  members,  State Correction Officers and Unified
Court Officers. The increases in annual contributions  for  the  partic-
ipating  employers in the PFRS would be approximately $10.5 million. The
increases in annual contributions for ERS counties that have elected the
provisions of Article  14-B for their sheriffs  would  be  approximately
0.4%  of  salary. The increases in annual contributions for ERS counties
that have elected the provisions of Section 607-d for their sheriffs not
covered under Article 14-B and correction officers would be approximate-
ly 0.3% of salary. The increase in annual contributions for the Town  of
Tonawanda would be approximately 0.3% of the salary of its paramedics.
This  estimate,  dated March 29, 2004 and intended for use only during
the 2004 Legislative Session, is Fiscal Note No.  2004-288  prepared  by
the  Actuary for the New York State and Local Police and Fire Retirement
System.
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