§ 363-A — Firefighters and police officers; certain disabilities

* § 363-a. Firefighters and police officers; certain disabilities. 1.\nNotwithstanding any provision of this chapter or of any general,\nspecial, or local law to the contrary, any condition of impairment of\nhealth caused by diseases of the heart, resulting in disability or death\nto a firefighter shall be presumptive evidence that it was incurred in\nthe performance and discharge of duty and the natural and proximate\nresult of an accident, unless the contrary be proved by competent\nevidence.\n 2. Notwithstanding any provision of this chapter or of any general,\nspecial, or local law to the contrary, any condition of impairment of\nhealth caused by diseases of the heart, resulting in disability or death\nto a police officer, presently employed, and who shall have sustained\nsuch disability while so employed, shall be presumptive evidence that it\nwas incurred in the performance and discharge of duty and the natural\nand proximate result of an accident, unless the contrary be proved by\ncompetent evidence.\n 3. As used in this section, the terms "firefighter" and "police\nofficer" mean any member who is performing police or fire service, as\nthe phrase police or fire service is defined in paragraphs a, b, c, d, f\n(as added by chapter six hundred seventy-four of the laws of nineteen\neighty-six), f (as added by chapter six hundred seventy-seven of the\nlaws of nineteen eighty-six), g, h, i and j of subdivision eleven of\nsection three hundred two of this article, and who, prior to entry into\nservice as a firefighter or police officer, successfully passed a\nphysical examination which failed to disclose evidence of any disease or\nother impairment of the heart.\n 4. The provisions of this section shall remain in full force and\neffect to and including August thirty-first, nineteen hundred\nseventy-six.\n * NB Expired August 31, 1976 -- Kept alive per sub. a of § 480\n