N.Y. Retire. & Soc. Sec. Law § 363-A

Current through 2021 NY Law Chapters 1-49, 52, 61-101
Section 363-A - [Expired August 31, 1976 - Kept alive per sub. a of Section 480]Firefighters and police officers; certain disabilities
1. Notwithstanding any provision of this chapter or of any general, special, or local law to the contrary, any condition of impairment of health caused by diseases of the heart, resulting in disability or death to a firefighter shall be presumptive evidence that it was incurred in the performance and discharge of duty and the natural and proximate result of an accident, unless the contrary be proved by competent evidence.
2. Notwithstanding any provision of this chapter or of any general, special, or local law to the contrary, any condition of impairment of health caused by diseases of the heart, resulting in disability or death to a police officer, presently employed, and who shall have sustained such disability while so employed, shall be presumptive evidence that it was incurred in the performance and discharge of duty, unless the contrary be proved by competent evidence.
3. As used in this section, the terms "firefighter" and "police officer" mean any member who is performing police or fire service, as the phrase police or fire service is defined in paragraphs a, b, c, d, f (as added by chapter six hundred seventy-four of the laws of nineteen eighty-six), f (as added by chapter six hundred seventy-seven of the laws of nineteen eighty-six), g, h and j of subdivision eleven of section three hundred two of this article, and who, prior to entry into service as a firefighter or police officer, successfully passed a physical examination which failed to disclose evidence of any disease or other impairment of the heart.
4. The provisions of this section shall remain in full force and effect to and including August thirty-first, nineteen hundred seventy-six.

N.Y. Retire. and Soc. Sec. Law § 363-A

Amended by New York Laws 2016, ch. 437,Sec. 1, eff. 11/14/2016.