New York A 11261: Relates to eligibility for accidental disability benefits under the heart bill

Bill Text

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A11261 Summary:

BILL NOA11261 

&nbsp

SAME ASSAME AS S10030

&nbsp

SPONSORCunningham

&nbsp

COSPNSRYeger, Stern

&nbsp

MLTSPNSR

&nbsp

Amd §§809 & 363-a, R & SS L

&nbsp

Allows a one-year window for application for a disability retirement for members of the New York state and local employees' retirement system or the New York state and local police and fire retirement system who retired from service on or after January 1, 2021 due to heart disease; provides for the repeal of such provisions upon the expiration thereof.

Go to top A11261 Actions:

BILL NOA11261 

&nbsp

05/04/2026referred to governmental employees

Go to topA11261 Committee&nbspVotes:

Go to topA11261 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA11261 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 11261

 IN ASSEMBLY

 May 4, 2026
 ___________

 Introduced by M. of A. CUNNINGHAM -- read once and referred to the
 Committee on Governmental Employees

 AN ACT to amend the retirement and social security law, in relation to
 eligibility for accidental disability benefits under the heart bill;
 and providing for the repeal of such provisions upon expiration there-
 of

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Section 809 of the retirement and social security law is
 2 amended by adding a new subdivision d to read as follows:
 3 d. (i) A member of the New York state and local employees' retirement
 4 system or the New York state and local police and fire retirement system
 5 who retired from service on or after January first, two thousand twen-
 6 ty-one but before the effective date of this subdivision, and to whom
 7 this section otherwise would have been applicable, may submit an appli-
 8 cation for an accidental disability retirement allowance that is based
 9 on a permanent incapacity caused by a disease of the heart for a period
 10 of one year from the effective date of this subdivision. No application
 11 filed after the expiration of such one-year period shall be accepted.
 12 Nothing in this subdivision shall be construed to revive, reopen, or
 13 extend the filing period for any member who retired prior to January
 14 first, two thousand twenty-one.
 15 (ii) Any change in the retirement status of a member or benefits due
 16 such member or the member's beneficiaries shall be prospective only from
 17 the date of submission of the application.
 18 § 2. Subdivision 2 of section 363-a of the retirement and social secu-
 19 rity law, as amended by section 1 of part LL of chapter 55 of the laws
 20 of 2023, is amended to read as follows:
 21 2. (a) Notwithstanding any provision of this chapter or of any gener-
 22 al, special, or local law to the contrary, any condition of impairment
 23 of health caused by diseases of the heart, resulting in disability or
 24 death to a police officer, presently employed, and who shall have
 25 sustained such disability while so employed, shall be presumptive
 26 evidence that it was incurred in the performance and discharge of duty

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD14507-03-6

 A. 11261 2

 1 and the natural and proximate result of an accident, unless the contrary
 2 be proved by competent evidence.
 3 (b) For purposes of this subdivision, a police officer who is not
 4 presently employed shall be eligible to apply for accidental disability
 5 retirement benefits based upon diseases of the heart only as expressly
 6 provided in subdivision d of section eight hundred nine of this chapter.
 7 § 3. This act shall take effect immediately and shall expire and be
 8 deemed repealed three hundred sixty-six days after it shall have become
 9 a law. Such expiration and repeal shall not affect any applications
 10 filed prior to the date of such expiration in accordance with subdivi-
 11 sion d of section 809 of the retirement and social security law as added
 12 by section one of this act.
 FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
 This bill would allow service retirees to apply for an accidental
 disability benefit under section 809 of the retirement and social secu-
 rity law, which provides b