2016 Nebraska Revised Statutes
Chapter 18 - CITIES AND VILLAGES; LAWS APPLICABLE TO ALL
18-1723 Firefighter;
police officer; presumption of death or disability; rebuttable.
18-1723. Firefighter; police officer; presumption of death or disability; rebuttable.
Whenever any firefighter who has served a total of five years as a member of a paid fire department of any city in this state or any police officer of any city or village, including any city having a home rule charter, shall suffer death or disability as a result of hypertension or heart or respiratory defect or disease, there shall be a rebuttable presumption that such death or disability resulted from accident or other cause while in the line of duty for all purposes of the Police Officers Retirement Act, Chapter 15, article 10, sections 16-1020 to 16-1042, and any firefighter's or police officer's pension plan established pursuant to any home rule charter, the Legislature specifically finding the subject of this section to be a matter of general statewide concern. The rebuttable presumption shall apply to death or disability as a result of hypertension or heart or respiratory defect or disease after the firefighter or police officer separates from his or her applicable employment if the death or disability occurs within three months after such separation. Such rebuttable presumption shall apply in any action or proceeding arising out of death or disability incurred prior to December 25, 1969, and which has not been processed to final administrative or judicial conclusion prior to such date.
Source
- Laws 1969, c. 281, § 1, p. 1048;
- Laws 1985, LB 3, § 3;
- Laws 2010, LB373, § 1;
- Laws 2012, LB1082, § 17.
Cross References
- Police Officers Retirement Act, see section 16-1001.
Annotations
The clear import of the language of this section is that the rebuttable presumption it creates applies only for purposes of the designated pension plans and retirement systems and not to workers' compensation cases. Spangler v. State, 233 Neb. 790, 448 N.W.2d 145 (1989).
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