Bill > S09881

This bill establishes a "line of duty disability presumption" for certain deputy sheriff members of a retirement system in cities with a population of one million or more, meaning that if these individuals develop a lung disease that results in total or partial disability or death, it will be presumed to have been caused by their job duties, unless proven otherwise by evidence. This presumption applies to active deputy sheriffs who passed a physical exam upon hiring that did not show any lung condition, as well as those who have retired within the last five years from a deputy sheriff title and also passed such an initial physical. Furthermore, deputy sheriffs who retire under this provision will receive a pension equal to three-fourths of their final average salary, which is their average earnings over a specific period before retirement, and retirees who would have qualified if the law were in effect at their retirement date will have their pensions recalculated. The bill also clarifies that this presumption does not apply to workers' compensation or labor law claims.