Presumptive Disability Law in South Dakota

CODE PART:
South Dakota Codified Laws
Title 9 MUNICIPAL GOVERNMENT
Chapter 16 City Retirement Systems And Pensions
Sec. 9-16-45 Circulatory or Respiratory Disease Presumed Occupational in Firemen
Sec. 9-16-3.3 Pension allowed fire fighters for impairment caused by cancer
South Dakota Legislative Website
DESCRIPTION:
Sec. 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.

Sec. 9-16-3.3
Pension allowed fire fighters for impairment caused by cancer. A pension may be allowed pursuant to Sec. 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 Sec. 62-8-12.