Marvin Mandel, Governor                        1485

sation," to be under the new subtitle "Death and Disability Pay-

ments--Fire Fighters," to follow immediately after Section 102 64
thereof, to establish certain medical conditions where the death
or disability of a fire fighter is presumed to be accidental and as a
result of his employment PROVIDE THAT THERE IS A PRE-
SUMPTION OF COMPENSABLE OCCUPATIONAL DISEASE
IN CASES OF CERTAIN FIRE FIGHTERS SUSTAINING
TEMPORARY OR TOTAL DISABILITY OR DEATH UNDER
CERTAIN CONDITIONS, AND TO PROVIDE THAT BENE-
FITS MAY ALSO BE PAYABLE UNDER A RETIREMENT
SYSTEM UNDER CERTAIN CONDITIONS.

Section 1. Be it enacted by the General Assembly of Maryland,
That new Section 403 64A be and it is hereby added to Article 101 of
the Annotated Code of Maryland (1970 Supplement), title "Work-

ability payments--Fire Fighters," SUBTITLE, "MISCELLANE-

ability Payments--Fire Fighters," SUBTITLE, "MISCELLANE-
OUS" to follow immediately after Section 102 64 thereof, and to
read as follows:

Death and Disability Payments—Fire Fighters
103 64A.

Any condition or impairment of health of any PAID municipal,
county, airport authority, port authority, or fire control district fire
fighter caused by lung diseases, heart diseases, or hypertension re-
sulting in total or partial disability or death shall be presumed to have
been accidental and to have been suffered in the course of his employ-
ment, provided that such fire fighter had successfully passed a physical

examination upon entering into service as a fire fighter which failed

to reveal any evidence of any such condition or impairment of health
PRESUMED TO BE COMPENSABLE UNDER THIS ARTICLE
AND TO HAVE BEEN SUFFERED IN THE LINE OF DUTY
AND AS A RESULT OF HIS EMPLOYMENT.

NOTWITHSTANDING ANY PROVISION OF THIS ARTI-
CLE AND ANY PAID FIRE FIGHTER WHOSE COMPENSA-
BLE CLAIM RESULTS FROM A CONDITION OR IMPAIR-
MENT OF HEALTH CAUSED BY LUNG DISEASES, HEART
DISEASES OR HYPERTENSION AND HAS BEEN SUF-
FERED IN THE LINE OF DUTY SHALL RECEIVE SUCH
BENEFITS AS ARE PROVIDED FOR IN THIS ARTI-
CLE IN ADDITION TO SUCH BENEFITS AS HE MAY BE
ENTITLED TO UNDER THE RETIREMENT SYSTEM IN
WHICH SAID FIRE FIGHTER WAS A PARTICIPANT AT THE
TIME OF HIS CLAIM. THE BENEFITS RECEIVED UNDER
THIS ARTICLE HOWEVER, SHALL BE ADJUSTED SO THAT
THE TOTAL OF ALL WEEKLY BENEFITS SHALL NOT EX-
CEED ONE HUNDRED PERCENT OF THE WEEKLY SALARY
WHICH WAS PAID TO SAID FIRE FIGHTER.

Sec. 2. And be it further enacted, That this Act shall take effect
July 1, 1971.

Approved May 24, 1971.