2006 New York Code - Performance Of Duty Disability Retirement; Certain County Employees.

 
    §  63-b.  Performance  of  duty  disability retirement; certain county
  employees. a. A member employed by a county  shall  be  eligible  for  a
  performance  of  duty disability retirement if the county elects to make
  the benefits provided herein available, as provided for in subdivision d
  of  this  section,  and  such  member  is  a  sheriff,  deputy  sheriff,
  undersheriff or correction officer.
    b. Any sheriff, deputy sheriff, undersheriff, or correction officer as
  defined  in  subdivision  a  of  this section, 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  such  county,  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.
    c. 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 defined in subdivision b of this section as a
  natural and proximate result of an act of any inmate or person described
  in such subdivision b that may have involved transmission of a specified
  transmissible disease  from  an  inmate  or  person  described  in  such
  subdivision   b  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.
    d.  1.  Each  county  that  elects  pursuant to the provisions of this
  subdivision shall pay the cost attributable therefor.
    2. The  performance  of  duty  disability  retirement  as  defined  in
  subdivisions  b  and  c  of  this  section  shall  be  available only to
  sheriffs, deputy sheriffs, undersheriffs and correction  officers  whose
  employer  elects  to  provide  such benefits by adopting a resolution to
  such effect and filing a certified copy thereof  with  the  comptroller.
  Such  resolution  shall  be  accompanied  by  the affidavit of the chief
  executive officer of the county that the county has received an estimate
  from the retirement system of the cost of the benefit provided  by  this
  section.
    3.  Such  resolution  shall  apply only to those members as defined in
  subdivisions a and b of this section.