2006 New York Code - Performance Of Duty Disability Retirement.



 
    §  63-a.  Performance  of duty disability retirement. a. Any member in
  the uniformed personnel in institutions under the  jurisdiction  of  the
  department  of  correctional  services  or a security hospital treatment
  assistant, as those terms  are  defined  in  subdivision  i  of  section
  eighty-nine   of  this  article,  who  becomes  physically  or  mentally
  incapacitated for the performance of duties as the natural and proximate
  result of an injury, sustained in the performance or discharge of his or
  her duties by, or as the natural and proximate result of an act  of  any
  inmate  or  any person confined in an institution under the jurisdiction
  of the department of correctional services or office of  mental  health,
  or by any person who has been committed to such institution by any court
  shall  be  paid  a  performance  of duty disability retirement allowance
  equal to that which is provided in section sixty-three  of  this  title,
  subject to the provisions of section sixty-four of this title.
    b.  Notwithstanding any provision of this chapter or of any general or
  special law to the contrary,  a  member  covered  by  this  section  who
  contracts  HIV  (where there may have been an exposure to a bodily fluid
  of an inmate or a person described in subdivision a of this section as a
  natural and proximate result of an act of any inmate or person described
  in such subdivision a that may have involved transmission of a specified
  transmissible disease from an inmate or such person  described  in  such
  subdivision   a  to  the  retirement  system  member),  tuberculosis  or
  hepatitis will be presumed  to  have  contracted  such  disease  in  the
  performance  or  discharge of his or her duties, and will be presumed to
  be disabled from the performance  of  his  or  her  duties,  unless  the
  contrary be proved by competent evidence.
    * c.  Notwithstanding  any provision of this chapter or of any general
  or special law to the contrary, any condition of  impairment  of  health
  caused  by  diseases of the heart, resulting in disability or death to a
  member covered by this section, presently employed and  who  shall  have
  sustained  such  disability while so employed, who successfully passed a
  physical examination on entry into service as a  correction  officer  or
  security  hospital  treatment  assistant,  which  examination  failed to
  disclose evidence of any disease or other impairment of the heart, shall
  be presumptive evidence that it was  incurred  in  the  performance  and
  discharge of duty, unless the contrary be proved by competent evidence.
    * NB Expired and repealed July 1, 2001. § 480 of Retirement and Social
  Security Law (as amended by ch. 44/2001 § 2) extends disability benefits
  implemented by former § 63-c.

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