Expands the coverage to include cancer of the lymphatic or hematological systems, the digestive, urinary, prostate, neurological, breast or reproductive systems or melanoma

3 Co-sponsors

• Joseph A. Griffo
• John J. Bonacic
• Todd Kaminsky

Title of bill

An act to amend the volunteer firefighters' benefit law, in relation to the expansion of coverage to include cancer of the lymphatic or hematological systems, the digestive, urinary, prostate, neurological, breast or reproductive systems or melanoma; and providing for the repeal of such provisions upon expiration thereof

Purpose

This legislation is designed to expand the existing coverage under the VFBL to include cancer of the digestive, hematological, lymphatic, urinary, prostate, neurological, breast and reproductive systems.

Summary of provisions

Section 1 of the bill adds new section 11-d to NYS Volunteer Firefighters' Benefit law to provide a rebuttable presumption under VFBL that any condition of impairment of health caused by cancer affecting the lymphatic or hematological systems resulting in total or partial disability or death to a volunteer firefighter who has at least 5 years of service as an interior firefighter and successfully passed a physical examination on entry into firefighter service, which examination failed to reveal any evidence of such cancers was incurred in the performance and discharge of their duty; and provide a rebuttable presumption under VFBL that any condition of impairment of health caused by cancer affecting the digestive, urinary, prostate, neurological, breast or reproductive systems or melanoma resulting in total or partial disability or death to a volunteer firefighter who has at least 10 years of service as an interior firefighter and successfully passed a physical examination on entry into firefighter service, which examination failed to reveal any evidence of such cancers was incurred in the performance and discharge of their duty.

Additionally, claims for benefits pursuant to this section must be filed within twelve years of separation from active service as an interior firefighter.

This bill also provides the option for any local legislative body of a city or village, board of fire commissioners or other governing board of the fire district, or the town board of the town in relation to the fire companies serving territory outside villages and fire districts or town fire department to adopt a local law or resolution to elect not to provide this presumptive coverage to firefighters and fire companies.

Justification

Overexposure to smoke increases the risk of contracting cancer of the lungs. In addition, exposure to smoke and toxic fumes creates greater risk of cancer in other parts of the body as well. For example, exposure to smoke and fumes through volunteer firefighting may also cause cancer in an individual's esophagus, stomach, blood, intestines, and even the brain.

Legislative history

2013-14: A1552A referred to local governments/S4936B reported to finance 2012: A9100 held in local governments/S4004A reported to finance

Fiscal impact on the state

None. EFFECTIVE DATE : This act shall take immediately and shall expire and be deemed repealed June 30, 2020.