Provides that any condition of impairment of health caused by diseases of the heart, resulting in disability or death to a paid member of the uniformed force of a paid correction department where such paid member is drawn from competitive civil service lists, who successfully passed a physical examination on entry into department service, which examination failed to reveal such condition, shall be presumptive evidence that it was incurred in the performance of duty.
STATE OF NEW YORK
________________________________________________________________________
3529
2009-2010 Regular Sessions
IN ASSEMBLY
January 27, 2009
___________
Introduced by M. of A. AUBRY -- Multi-Sponsored by -- M. of A. COOK,
MAGEE, PHEFFER -- read once and referred to the Committee on Local
Governments
AN ACT to amend the general municipal law, in relation to certain heart
disabilities incurred by members of the uniformed force of correction
departments in certain cities
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The general municipal law is amended by adding a new
2 section 207-s to read as follows:
3 § 207-s. Disabilities of members of the uniformed force of correction
4 departments in certain cities. 1. Notwithstanding the provisions of any
5 general, special or local law or administrative code to the contrary,
6 but except for the purposes of the workers' compensation law and the
7 labor law, any condition of impairment of health caused by diseases of
8 the heart, resulting in total or partial disability or death to a paid
9 member of the uniformed force of a paid correction department, where
10 such paid member is drawn from competitive civil service lists, who
11 successfully passed a physical examination on entry into the service of
12 such department, which examination failed to reveal any evidence of such
13 condition, shall be presumptive evidence that it was incurred in the
14 performance and discharge of duty, unless the contrary be proved by
15 competent evidence.
16 2. The provisions of this section shall remain in full force and
17 effect to and including the thirtieth day of June, two thousand eleven
18 at which time the provisions of this section shall be deemed to be
19 repealed.
20 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04415-01-9
