N.Y. Retirement & Social Security Law § 809: Effect and rebuttal of certain medical presumptions pertaining to diseases of the heart

§ 809. Effect and rebuttal of certain medical presumptions pertaining

to diseases of the heart. a. This section shall apply to certain

applications for disability retirement allowances made by or on behalf

of a member of the New York state and local employees' retirement system

or the New York state and local police and fire retirement system. It

shall apply only to applications that are subject under this chapter to

a provision that any condition of impairment of health caused by a

disease of the heart, resulting in disability, shall be presumptive

evidence that such disability was incurred in the performance and

discharge of duty and the natural and proximate result of an accident.

b. Notwithstanding any other provision of law to the contrary an

application for an accidental disability retirement allowance that is

based on a permanent incapacity caused by a disease of the heart, shall

not be required to allege or establish:

(1) that the member sustained an accident or other incident related to

the performance and discharge of duty; or

(2) that notice was provided thereof.

c. Notwithstanding any other provision of law to the contrary, the

presumptions referred to in subdivision a of this section may be

rebutted only by competent evidence that the disability is not the

natural and proximate result of the performance and discharge of duty.