* § 363-a. 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 and the natural
and proximate result of an accident, 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.
* NB Expired August 31, 1976 -- Kept alive per sub. a of § 480
Structure New York Laws
RSS - Retirement and Social Security
Article 8 - New York State and Local Police and Fire Retirement System
Title 8 - Death Benefits and Disability Retirement
360-A - Guaranteed Ordinary Death Benefit Payable Upon Death of State Employees.
360-B - Guaranteed Ordinary Death Benefit for Participating Employers.
360-C - Death Benefit for Vested Members Who Die Prior to Retirement.
361 - Accidental Death Benefit.
361-A - Special Accidental Death Benefit.
361-A*2 - Payment of Interest on Death Benefits and Accumulated Member Contributions.
362 - Ordinary Disability Retirement.
363 - Accidental Disability Retirement.
363-A - Firefighters and Police Officers; Certain Disabilities.
363-B - State Police Disability Retirement Allowance.
363-BB - State Police Accidental Disability Retirement Allowance.
363-C - Retirement for Disability Incurred in Performance of Duty.
363-D - Certain Impairments of Health; Presumption.
363-DD - Impairments of Health; Presumption.
363-F - Firefighters; Presumption in Certain Diseases.
363-FF - Firefighter Certain Impairments of Health; Presumption.
364 - Payment of Both Pensions for Accident and Other Benefits Prohibited.