BILL NUMBER: S5212
SPONSOR: JACKSON
 
TITLE OF BILL:
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 employees' retirement system
 
PURPOSE:
This bill is intended to clarify the intent of the legislature regarding
existing statutory presumptions pertaining to heart-related disabilities
suffered by members of the New York State Local Police, Fire Retirement
System and the New York State and Local Employees' Retirement System.
Clarification is necessary because a series of narrow judicial interpre-
tations has prevented the statutory presumptions from achieving their
intended purposes.
 
SUMMARY OF PROVISIONS:
Section 1 amends subdivision 2 of Section 363-a of the Retirement and
Social Security Law to restore to the heart disease presumption applica-
ble to police officers language that expressly provided that an impair-
ment of health caused by diseases of the heart that results in disabili-
ty is also presumed to be "the natural and proximate result of an
accident, unless the contrary can be proved by competent evidence."
Section 2 adds a new Section 809 to the Retirement and Social Security
Law to govern the existing statutory heart disease presumptions applica-
ble to members of the New York State Police and Fire Retirement System
and the New York State and Local Employees Retirement System with
respect to applications for an accidental disability retirement allow-
ance.
* Subdivision a of Section 2 provides that the section shall apply only
to applications for an accidental disability retirement with respect to
members of the New York State Police and Fire Retirement System and
Local Employees' Retirement System and the New York State Local Police
where applications are subject to dual presumptions that disability from
diseases of the heart are (1) incurred in the performance and discharge
of duty, and (2) the natural and proximate result of an accident.
* Subdivision b of Section 2 provides that it is not necessary for an
applicant to allege or establish an accidental disability retirement
that is subject to the dual presumptions. Subdivision b also provides
that such an applicant need not establish that notice of an accident was
filed.
* Subdivision c of Section 2 provides that the presumption may be
rebutted only by competent evidence that the heart disease is not the
natural and proximate result of the performance and discharge of duty.
Section 3 provides that the provisions of this bill shall not affect,
impair, or invalidate any temporary right, privilege, or benefit
conferred under existing general, special, or local law.
Section 4 is the effective date.
 
JUSTIFICATION:
This remedial legislation is intended to overcome judicial interpreta-
tions limiting the effectiveness of certain existing statutory heart
disease presumptions in a manner that is inconsistent with the apparent
intent behind the original enactment of such presumptions. In the past
30 years, the Legislature has passed and the governor has signed into
law a series of "heart bills" designed to make it easier for certain
public servants at the state and local levels whose jobs put them at
high risk of injury, disease or death due to heart disease to receive an
accidental disability retirement allowance. In general, these laws
create statutory presumptions that the member's heart disease was the
result of a job-related accident. The presumption lightens, but does
not eliminate, the member's burden of establishing entitlement to the
enhanced benefit, which is usually three-quarters of final average sala-
ry. Over the years these presumptions have been interpreted differently
by different courts, with Appellate Division, Third Department, which
has jurisdiction over retirement benefit determinations by the New York
State and Local Retirement System and the New York State Local Police
and Fire Retirement System taking the strictest approach. According to
a series of Third Department cases, in spite of the statutory presump-
tion, the law must be interpreted narrowly to require the member to
submit proof of an actual accident and notice to the employer of such an
accident, and if a member is found to be permanently disabled, the
member is granted only a rebuttable presumption that his or her heart
disease was incurred in the performance of duty and was the result of
the specific accident.
 
LEGISLATIVE HISTORY:
2021-2022: S.6093-A - Vetoed Memo 123/A.7004 - Vetoed Memo 123
2019-2020: S.5988-B - Amend and Recommit to Civil Service and
Pensions/A.7907-B - Amend and Recommit to Governmental Employees
 
STATE AND LOCAL FISCAL IMPLICATIONS:
See fiscal note.
 
EFFECTIVE DATE:
This act shall take effect immediately.