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South Dakota

Coverage: Cancer, Heart Disease, Lung Disease

Code Part: South Dakota Codified Laws
Title 9 MUNICIPAL GOVERNMENT
Chapter 16 City Retirement Systems And Pensions
§9-16-45 Circulatory or Respiratory Disease Presumed Occupational in Firemen
§9-16-3.3 Pension allowed firefighters for impairment caused by cancer

ALSO APPLICABLE
TITLE 60 LABOR AND EMPLOYMENT
Chapter 4 Termination of Employment
§60-4-11 Discrimination against employee off-duty use of tobacco
TITLE 62 WORKERS' COMPENSATION
CHAPTER 62-8 OCCUPATIONAL DISEASE DISABILITY
§62-8-11 Filing time to qualify for disability or death compensation
§62-8-12 Conditions of liability-Burden of proof

Description: §9-16-45 Circulatory or respiratory disease presumed occupational in firemen. Notwithstanding the provisions of any general or special law to the contrary, any condition of impairment of health caused by hypertension, heart disease, or respiratory disease resulting in total or partial disability to an officer or member of a fire department who successfully passed physical examination on entering into such service, which examination failed to reveal any evidence of such condition, shall be presumed to have been suffered in line of duty, unless the contrary be shown by competent evidence. §9-16-3.3 Pension allowed firefighters for impairment caused by cancer. A pension may be allowed pursuant to §9-16-3.2 for any condition of impairment of health caused by cancer resulting in total or partial disability to an officer or member of a fire department who, upon entering such service, successfully passed a physical examination which failed to reveal any evidence of such condition. This section pertains solely to pension matters under this chapter and does not restrict a claimant's ability to file for benefits under chapter 62-8 or change the burden of proof established in §62-8-12.

South Dakota Legislative Web Site

As our state and provincial associations are continuing to introduce and pass presumptive legislation through their legislative efforts, this database will soon need updating. If in reading the legislation in your state or province you realize that our information is not the latest, please click HERE to submit your changes for review.

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Copyright © 2009 International Association of Fire Fighters. Last Modified: 11/21/2009