§ 5-1-224. ACCIDENTAL DISABILITY PRESUMPTION.

(a)

Commencing as of July 1, 1980, and subject to the provisions of subsections (b) and (c) of this section, any condition or impairment of health of any sworn personnel in the Police or Fire Departments, who is a member of the Employees' Retirement System of the county caused by lung diseases, heart diseases or hypertension resulting in permanent physical disability, which shall prevent the member from engaging in the scope of employment consistent with the member's normal previous duties, shall be presumed to have been suffered in the course of and arising from the member's employment; and such member shall be subject to retirement under the provisions of this Code relating to accidental disability retirement.

(b)

Sworn personnel in the Police Department shall have successfully passed a physical examination upon entering into service as a police officer which failed to reveal any evidence of any such condition or impairment of health as described herein.

(c)

In the case of sworn personnel in the Fire Department as of July 1, 1980, who successfully pass a physical examination between July 1 and August 16, 1980, which fails to reveal any evidence of such condition or impairment of health or those sworn personnel entering the Fire Department after July 1, 1980, and successfully passing a physical examination which fails to reveal any evidence of such condition or impairment of health, the presumption established may be rebutted only by clear and convincing evidence to the contrary.

(1988 Code, § 23-56) (Bill No. 32-03, § 1, 7-1-2004)