§ 16.72. FIREFIGHTER AND POLICE OFFICER INCAPACITATED WITH CANCER - WHEN PRESUMED CONTRACTED IN THE COURSE OF EMPLOYMENT.
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(a) Subject to the limitations of subsections (b) and (c), whenever any sworn member of the San Francisco Fire Department ("Fire Department") or San Francisco Police Department ("Police Department") becomes incapacitated for the performance of his or her duty by reason of cancer that develops or manifests itself while the member is in the service of the Fire Department or Police Department, the cancer shall be presumed to arise out of and in the course of his or her employment. This presumption is disputable and may be controverted by evidence that the primary site of the cancer has been established and that the carcinogen to which the member has demonstrated exposure is not reasonably linked to the disabling cancer.
(b) The presumption in subsection (a) shall apply only to:
(1) Sworn members of the Fire Department or Police Department who have served a total of five or more years in the Fire Department or Police Department. For purposes of determining whether the member has five or more years of service, time served in another fire or police department in the State of California shall be combined with service in the Fire Department or Police Department, provided that the member (A) was entitled to the same cancer presumption in his or her prior employment and (B) became a member of the Fire Department or Police Department within six months of separating from the prior employment.
(2) Applications for industrial disability or death as a result of duty benefits under the San Francisco City and County Employees' Retirement System ("Retirement System").
(3) Applications for benefits in connection with cancer injuries or deaths filed on or after January 1, 2010, provided that the presumption shall not apply to an application if as of the effective date of this Section 16.72, the hearing officer assigned to hear the application under Charter Section 12.102 and Charter Section A8.518 either (A) has rendered his or her initial decision on the application and the member did not request rehearing within the time specified under the Charter, or (B) has rendered an initial decision and the member timely requested rehearing under the Charter, and the hearing officer has issued a decision on rehearing.
(c) The presumption in subsection (a) shall apply only if
(1) The member demonstrates exposure, while in the service of the Fire Department or Police Department, to a known carcinogen as defined by the International Agency for Research on Cancer; and
(2) There was no evidence of cancer identified in the physical examination of the member conducted as part of his or her initial hire in the Fire Department or Police Department, as applicable.
(d) The Retirement System shall use the member's eligible prior safety service in another fire or police department under subsection (b)(1) to measure the date upon which the member would be qualified for service retirement.
