18-1723 Firefighter; police officer; presumption of death or disability; rebuttable. - Nebraska Statutes

18-1723. Firefighter; policeofficer; presumption of death or disability; rebuttable.Whenever any firefighter who has served a total of five years asa member of a paid fire department of any city in this state or any policeofficer 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 respiratorydefect or disease, there shall be a rebuttable presumption that such deathor disability resulted from accident or other cause while in the line of dutyfor all purposes of Chapter 15, article 10, sections 16-1001 to 16-1042, andany firefighter's or police officer's pension plan established pursuant toany home rule charter, the Legislature specifically finding the subject ofthis section to be a matter of general statewide concern. The rebuttable presumption shall apply to death or disabilityas a result of hypertension or heart or respiratory defect or disease afterthe firefighter or police officer separates from his or her applicable employmentif the death or disability occurs within three months after such separation. Suchrebuttable presumption shall apply in any action or proceeding arising outof death or disability incurred prior to December 25, 1969, and which hasnot been processed to final administrative or judicial conclusion prior tosuch date. SourceLaws 1969, c. 281, § 1, p. 1048; Laws 1985, LB 3, § 3; Laws 2010, LB373, § 1.Effective Date: July 15, 2010AnnotationsThe 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).