Bill Text: NY S05246 | 2019-2020 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relates to presumptive evidence of disability caused by cancer of firefighters who have been retired for five years or less.

Spectrum: Strong Partisan Bill (Democrat 14-1)

Status: (Passed) 2019-09-11 - SIGNED CHAP.250 [S05246 Detail]

Download: New_York-2019-S05246-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          5246
                               2019-2020 Regular Sessions
                    IN SENATE
                                     April 18, 2019
                                       ___________
        Introduced by Sen. GOUNARDES -- read twice and ordered printed, and when
          printed to be committed to the Committee on Cities
        AN  ACT  to amend the general municipal law, in relation to disabilities
          of certain retired firefighters caused by cancer
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section 1. Section 207-kk of the general municipal law,  as amended by
     2  chapter 531 of the laws of 2003, is amended to read as follows:
     3    §  207-kk.  Disabilities  of  firefighters in certain cities caused by
     4  cancer. Notwithstanding any other provisions  of  this  chapter  to  the
     5  contrary, any condition of impairment of health caused by (i) any condi-
     6  tion  of  cancer  affecting  the  lymphatic,  digestive,  hematological,
     7  urinary, neurological, breast, reproductive, or prostate systems or (ii)
     8  melanoma resulting in total or partial disability or  death  to  a  paid
     9  member  of  a fire department in a city with a population of one million
    10  or more, or any retired member of such department who has  been  retired
    11  for  five  or less years, who successfully passed a physical examination
    12  on entry into the service of such department, which  examination  failed
    13  to  reveal any evidence of such condition, shall be presumptive evidence
    14  that it was incurred in the performance and discharge of duty unless the
    15  contrary be proved by competent evidence. The provisions of this section
    16  shall remain in full force and effect [to and  including  the  thirtieth
    17  day  of June, two thousand five] pursuant to section four hundred eighty
    18  of the retirement and social security law.
    19    § 2. The board of trustees  of  the  New  York  City  fire  department
    20  pension  fund  shall take appropriate administrative action to implement
    21  the intent of section one of this act.
    22    § 3. This act shall take effect immediately.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11238-01-9