2006 New York Code - Retirement For Accident Disability.



 
    §  13-551  Retirement  for  accident  disability.  a.  Subject  to the
  provisions of subdivision b of this section, medical  examination  of  a
  contributor in city-service accident disability and investigation of all
  statements  and  certifications  by  such  contributor  or on his or her
  behalf in connection therewith shall be made upon the application of the
  head of the agency in which the contributor is  employed,  or  upon  the
  application of a contributor or a person acting in his or her behalf:
    (1)   stating   that   such  contributor  is  physically  or  mentally
  incapacitated for the performance of  city-service,  as  a  natural  and
  proximate result of such city-service; and
    (2)  certifying  the  time,  place and conditions of such city-service
  performed by such contributor resulting in such alleged  disability  and
  that  such alleged disability was not the result of wilful negligence on
  the  part  of  such  contributor  and  that  such  contributor   should,
  therefore, be retired.
    b.  The  provisions  of  this  section  shall  apply  only  where such
  application is based on an accident which  occurred  on  or  after  July
  first, nineteen hundred seventy.
    c.  Any  such  application  shall  be filed within two years after the
  happening of such accident.
    d. If such medical examination and investigation shows that  any  such
  contributor,  by  whom  or  with respect to whom an application is filed
  under this section, is physically  or  mentally  incapacitated  for  the
  performance  of  city-service  as  a  natural and proximate result of an
  accidental injury received in such city-service by reason of an accident
  which occurred on or after July  first,  nineteen  hundred  seventy  and
  while  a  contributor,  and  that  such disability was not the result of
  wilful negligence  on  the  part  of  such  contributor  and  that  such
  contributor should be retired, the medical board shall so certify to the
  retirement  board  stating  the  time,  place  and  conditions  of  such
  city-service performed by such contributor resulting in such disability,
  and the retirement board shall  retire  such  contributor  for  accident
  disability forthwith.
    e.  If  such  application  is  denied  solely  on the ground that such
  contributor is not, at the  time  of  such  examination,  physically  or
  mentally   incapacitated  for  the  performance  of  city-service,  such
  application  may  thereafter  be  renewed  during   such   contributor's
  city-service  at  any  time  within five years from the happening of the
  accident but preceding the date on which such member shall  have  become
  eligible  for  service retirement, provided he or she submits himself or
  herself to such further examinations as the medical board may require.

Disclaimer: These codes may not be the most recent version. New York may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.