N.Y. Retirement & Social Security Law Section 363-D
Certain impairments of health

presumption

Notwithstanding any other provisions of this chapter to the contrary, any (i) melanoma or (ii) condition of cancer affecting the lymphatic, digestive, hematological, urinary, neurological, breast, reproductive, or prostate systems, resulting in total or partial disability or death to a paid firefighter, who successfully passed a physical examination on entry into firefighter service, which examination failed to reveal any evidence of such melanoma or condition, shall be presumptive evidence that, unless the contrary be proven by competent evidence, such disability or death (a) was caused by the natural and proximate result of an accident, not caused by such firefighter’s own willful negligence, and

(b)

was sustained in the performance and discharge of duty. The provisions of this section shall remain in full force and effect to and including the thirtieth day of June, two thousand five. * NB Expired July 1, 2005

Source: Section 363-D — Certain impairments of health; presumption, https://www.nysenate.gov/legislation/laws/RSS/363-D (updated Sep. 22, 2014; accessed Oct. 26, 2024).

360
Ordinary death benefit 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 361‑B
COVID-19 benefit 362
Ordinary disability retirement 363
Accidental disability retirement 363‑A
Firefighters and police officers 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 363‑DD
Impairments of health 363‑E
Disability retirement allowance for members of the division of law enforcement in the department of environmental conservation and the re... 363‑F
Firefighters 363‑FF
Firefighter certain impairments of health 364
Payment of both pensions for accident and other benefits prohibited

Accessed:
Oct. 26, 2024

Last modified:
Sep. 22, 2014

§ 363-D’s source at nysenate.gov

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Location: https://newyork.public.law/laws/n.y._retirement_and_social_security_law_section_363-d

Original Source: Section 363-D — Certain impairments of health; presumption, https://www.nysenate.gov/legislation/laws/RSS/363-D (last accessed Aug. 20, 2023).