§ 809 — Effect and rebuttal of certain medical presumptions pertaining to diseases of the heart

§ 809. Effect and rebuttal of certain medical presumptions pertaining\nto diseases of the heart. a. This section shall apply to certain\napplications for disability retirement allowances made by or on behalf\nof a member of the New York state and local employees' retirement system\nor the New York state and local police and fire retirement system. It\nshall apply only to applications that are subject under this chapter to\na provision that any condition of impairment of health caused by a\ndisease of the heart, resulting in disability, shall be presumptive\nevidence that such disability was incurred in the performance and\ndischarge of duty and the natural and proximate result of an accident.\n b. Notwithstanding any other provision of law to the contrary an\napplication for an accidental disability retirement allowance that is\nbased on a permanent incapacity caused by a disease of the heart, shall\nnot be required to allege or establish:\n (1) that the member sustained an accident or other incident related to\nthe performance and discharge of duty; or\n (2) that notice was provided thereof.\n c. Notwithstanding any other provision of law to the contrary, the\npresumptions referred to in subdivision a of this section may be\nrebutted only by competent evidence that the disability is not the\nnatural and proximate result of the performance and discharge of duty.\n