18-1723. Tenured firefighter; tenured police officer; presumption of death or disability; rebuttable.

283 words·~1 min read·/ne/chapter-18/18-1723

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)The Legislature finds and declares the subject of this section to be a matter of general statewide concern.

(2)For purposes of this section:

(a)Tenured firefighter means any firefighter who was employed as a firefighter for at least five years by any city or village in this state, including any city with a home rule charter; and

(b)Tenured police officer means any police officer who was employed as a police officer for at least five years by any city or village in this state, including any city with a home rule charter.

(3)For any tenured firefighter or tenured police officer who suffers 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:

(a)The Cities of the First Class Police Officers Retirement Act;

(b)The Cities of the First Class Firefighters Retirement Act;

(c)Sections 15-1012 to 15-1027 ; and

(d)Any firefighter's or police officer's pension plan established pursuant to any home rule charter.

(4)Such rebuttable presumption applies to death or disability as a result of hypertension or heart or respiratory defect or disease after the tenured firefighter or tenured police officer separates from his or her applicable employment if the death or disability occurs within three months after such separation.

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).