N.Y. Retirement & Social Security Law § 363-a: Firefighters and police officers; certain disabilities

* § 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, i 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