Expands the coverage to include cancer of the lymphatic or hematological systems, the digestive, urinary, prostate, neurological, breast or reproductive systems or melanoma.
STATE OF NEW YORK
________________________________________________________________________
5518--A
2015-2016 Regular Sessions
IN ASSEMBLY
February 25, 2015
___________
Introduced by M. of A. GUNTHER, KOLB, BRINDISI, SKOUFIS, PALMESANO,
ENGLEBRIGHT, PICHARDO, RAIA, BLAKE, HOOPER, MONTESANO, STECK, MAYER,
STIRPE, GRAF, LUPINACCI, SALADINO, CURRAN, WOZNIAK, SCHIMEL, THIELE,
JAFFEE, SKARTADOS, BLANKENBUSH, SIMANOWITZ, LUPARDO, WALTER, FINCH,
WOERNER, MALLIOTAKIS, GOODELL, GOLDFEDER, MURRAY, RUSSELL, LAVINE,
LAWRENCE, GARBARINO, ZEBROWSKI, BUTLER, HUNTER, KATZ, CAHILL, OTIS,
OAKS, RYAN, JEAN-PIERRE, CUSICK, GOTTFRIED, ROSENTHAL, LIFTON, TITUS,
NOJAY, RAMOS, BARRETT, PALUMBO, CORWIN, GJONAJ, DiPIETRO -- Multi-
Sponsored by -- M. of A. BARCLAY, BUCHWALD, CERETTO, DUPREY, GALEF,
KEARNS, MAGEE, MARKEY, McDONALD, McDONOUGH, McKEVITT, McLAUGHLIN, RA,
ROZIC, SANTABARBARA, SCHIMMINGER, SIMON -- read once and referred to
the Committee on Local Governments -- recommitted to the Committee on
Local Government in accordance with Assembly Rule 3, sec. 2 -- commit-
tee discharged, bill amended, ordered reprinted as amended and recom-
mitted to said committee
AN ACT to amend the volunteer firefighters' benefit law, in relation to
the expansion of coverage to include cancer of the lymphatic or hema-
tological systems, the digestive, urinary, prostate, neurological,
breast or reproductive systems or melanoma; and providing for the
repeal of such provisions upon expiration thereof
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The volunteer firefighters' benefit law is amended by
2 adding a new section 11-d to read as follows:
3 § 11-d. Volunteer firefighters; presumption in certain cancers. 1.
4 Notwithstanding any other provision of this chapter to the contrary, a
5 condition of impairment of health of a volunteer firefighter with (a)
6 five or more years of faithful and actual service in the protection of
7 life and property from fire in the interior of buildings caused by
8 cancer affecting the lymphatic or hematological systems or (b) ten or
9 more years of faithful and actual service in the protection of life and
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04199-07-6
A. 5518--A 2
1 property from fire in the interior of buildings caused by cancer affect-
2 ing the digestive, urinary, prostate, neurological, breast or reproduc-
3 tive systems or melanoma, resulting in total or partial disability or
4 death to such volunteer firefighter, who successfully passed a physical
5 examination on entry into firefighter service, which examination failed
6 to reveal any evidence of such cancers, shall be presumptive evidence
7 that it was incurred in the performance and discharge of duty, unless
8 the contrary be proven by competent evidence. Claims for benefits
9 pursuant to this section must be filed within twelve years of separation
10 from active service in protecting life and property from fire in the
11 interior of buildings.
12 2. This section shall not apply to volunteer firefighters serving in a
13 fire company or fire department where the legislative body of the city
14 or the village, the board of fire commissioners or other governing board
15 of the fire district, or the town board of the town in relation to (a)
16 the fire companies serving territory outside the villages and fire
17 districts or (b) a town fire department, has adopted a local law or
18 resolution to elect not to provide this presumption.
19 § 2. This act shall take effect immediately and shall expire and be
20 deemed repealed June 30, 2020.
