ALBANY – Pension fund administrators failed to present sufficient evidence to overcome the presumption in the law that the serious illnesses of three former police officers who responded after the Sept. 11, 2001 terror attacks were due to their exposure to toxins in the World Trade Center rubble, the state Court of Appeals ruled yesterday.
The 6-0 court decided that while the so-called World Trade Center presumption is not a per se rule mandating enhanced accidental disability retirement benefits in all cases for first responders, the pension fund is required to present “competent evidence” to rebut the presumption.
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