2010 New York Code
RSS - Retirement & Social Security
Article 14-B - (550 - 560) SPECIAL RETIREMENT PLANS FOR SHERIFFS, UNDERSHERIFFS AND DEPUTY SHERIFFS ENGAGED IN LAW ENFORCEMENT ACTIVITIES
556 - Accidental disability retirement.

§ 556. Accidental disability retirement. a. A member shall be entitled
  to  an  accidental  disability  retirement  allowance  if,  at  the time
  application therefor is filed, he or she is:
    1. Physically or mentally incapacitated for performance of duty as the
  natural and proximate result of an accident not caused by his or her own
  willful negligence sustained in such service and while actually a member
  of the retirement system, and
    2. Actually in service upon which his  or  her  membership  is  based.
  However,  in  a  case  where  a  member  is  discontinued  from  service
  subsequent to the accident, either  voluntarily  or  involuntarily,  and
  provided that the member meets the requirements of paragraph one of this
  subdivision,  application  may  be  made  either  (a) by a vested member
  incapacitated as the result of a qualifying World Trade Center condition
  as defined in section two of this chapter at any time, or (b) not  later
  than  two  years after the member is first discontinued from service and
  provided that the member meets the requirements of paragraph one of this
  subdivision.
    b. Application for an accidental disability retirement  allowance  for
  such a member may be made by:
    1. Such member, or
    2. The head of the department in which such member is employed, or
    3. Some person acting on behalf of and authorized by such member.
    c.  1.  After  the  filing of such an application such member shall be
  given one or more medical examinations. No  such  application  shall  be
  approved,  however, unless the member or some other person on his or her
  behalf shall have filed written notice in the office of the  comptroller
  within ninety days after the accident, setting forth:
    (a) The time when and the place where such accident occurred, and
    (b) The particulars thereof, and
    (c) The nature and extent of the member's injuries, and
    (d) His or her alleged incapacity.
    2. The notice herein required need not be given:
    (a)  If  notice of such accident shall be filed in accordance with the
  provisions of the workers' compensation law of any state within which  a
  participating  employer  shall  have its employees located or performing
  functions and duties within the normal scope of their employment, or
    (b) If the application for accidental disability retirement  is  filed
  within one year after the date of such accident, or
    (c)  If a failure to file notice has been excused for good cause shown
  as provided by rules and regulations promulgated by the comptroller.
    d. If the comptroller determines that  the  member  is  physically  or
  mentally  incapacitated  for  the  performance  of  duty and ought to be
  retired for accidental disability, such member shall be so retired. Such
  retirement shall be effective as of a date approved by the comptroller.
    e.  The  retirement  allowance  payable  upon  accidental   disability
  retirement shall consist of:
    1.  An annuity which shall be the actuarial equivalent of the member's
  accumulated contributions, plus
    2.  A   pension   which   is   the   actuarial   equivalent   of   the
  reserved-for-increased-take-home-pay to which he or she may be entitled,
  if any, plus
    3.  A  pension  of  two-thirds of his or her final average salary. The
  payment of such pension shall be subject to the  provisions  of  section
  three hundred sixty-four of this chapter.
    f.  If  the  member, at the time of the filing of an application under
  the provisions of subdivision b of  this  section,  is  eligible  for  a
  service  retirement  benefit,  then  and  in  that  event, he or she may
  simultaneously file an application for service retirement in  accordance

with  the  provisions  of section seventy of this chapter, provided that
  the member indicates on the application for service retirement that such
  application is filed without prejudice to the applicant  for  accidental
  disability retirement.
    g.  The provisions of section three hundred sixty-four of this chapter
  shall apply.
    h. 1. (a) Notwithstanding any provisions of this  chapter  or  of  any
  general,  special  or local law, charter, administrative code or rule or
  regulation to the contrary, if any condition or impairment of health  is
  caused  by  a  qualifying  World  Trade  Center  condition as defined in
  section two of this chapter, it shall be presumptive  evidence  that  it
  was  incurred  in  the performance and discharge of duty and the natural
  and proximate result of an accident not  caused  by  such  member's  own
  willful negligence, unless the contrary be proved by competent evidence.
    (b)  The  comptroller  is  hereby  authorized  to promulgate rules and
  regulations to implement the provisions of this paragraph.
    2. (a) Notwithstanding the  provisions  of  this  chapter  or  of  any
  general,  special  or local law, charter, administrative code or rule or
  regulation to the contrary, if a member who participated in World  Trade
  Center rescue, recovery or cleanup operations, as defined in section two
  of  this  chapter,  and subsequently retired on a service retirement, an
  ordinary disability retirement  or  a  performance  of  duty  disability
  retirement  and  subsequent  to  such  retirement  is  determined by the
  comptroller to have  a  qualifying  World  Trade  Center  condition,  as
  defined  in  section two of this chapter, upon such determination by the
  comptroller it shall be presumed that such disability  was  incurred  in
  the  performance  and  discharge  of  duty  as the natural and proximate
  result  of  an  accident  not  caused  by  such  member's  own   willful
  negligence,  and  that the member would have been physically or mentally
  incapacitated for the performance and discharge of duty of the  position
  from  which  he  or  she  retired had the condition been known and fully
  developed at the time of the member's retirement, unless the contrary is
  proven by competent evidence.
    (b) The comptroller shall consider a reclassification of the  member's
  retirement  as  an  accidental disability retirement effective as of the
  date of such reclassification.
    (c) Such member's retirement option shall not be changed as  a  result
  of such reclassification.
    (d)  The  member's  former  employer  at  the  time  of  the  member's
  retirement shall have  an  opportunity  to  be  heard  on  the  member's
  application   for  reclassification  by  the  comptroller  according  to
  procedures developed by the comptroller.
    (e) The comptroller is  hereby  authorized  to  promulgate  rules  and
  regulations to implement the provisions of this paragraph.
    i.  Notwithstanding  any  other  provision  of  this chapter or of any
  general, special or local law, charter, administrative code or  rule  or
  regulation  to  the contrary, if a retiree who: (1) has met the criteria
  of subdivision h of this section and retired on a service or  disability
  retirement,  or would have met the criteria if not already retired on an
  accidental disability; and (2)  has  not  been  retired  for  more  than
  twenty-five  years;  and  (3)  dies from a qualifying World Trade Center
  condition, as defined in section two of this chapter, as  determined  by
  the  applicable  head  of  the  retirement  system or applicable medical
  board, then unless the contrary be proven by  competent  evidence,  such
  retiree  shall  be deemed to have died as a natural and proximate result
  of an accident sustained in the performance of duty and not as a  result
  of  willful  negligence  on  his  or  her  part. Such retiree's eligible
  beneficiary, as set forth in section five hundred one of  this  article,

shall  be entitled to an accidental death benefit as provided by section
  five hundred  nine  of  this  article,  however,  for  the  purposes  of
  determining  the  salary base upon which the accidental death benefit is
  calculated,  the retiree shall be deemed to have died on the date of his
  or her retirement. Upon the retiree's death,  the  eligible  beneficiary
  shall  make  a  written application to the head of the retirement system
  within the time for  filing  an  application  for  an  accidental  death
  benefit  as  set  forth  in  section  five  hundred nine of this article
  requesting conversion of such retiree's service or disability retirement
  benefit to an accidental death benefit. At the time of such  conversion,
  the  eligible beneficiary shall relinquish all rights to the prospective
  benefits payable under the service  or  disability  retirement  benefit,
  including any post-retirement death benefits, since the retiree's death.
  If  the  eligible  beneficiary  is not the only beneficiary receiving or
  entitled to receive a benefit under the service or disability retirement
  benefit (including, but not limited to, post-retirement  death  benefits
  or benefits paid or payable pursuant to the retiree's option selection),
  the  accidental  death benefit payments to the eligible beneficiary will
  be reduced by any amounts paid or payable to any other beneficiary.
    j. Notwithstanding any other provision  of  this  chapter  or  of  any
  general,  special  or local law, charter, administrative code or rule or
  regulation to the contrary, if a member who: (1) has met the criteria of
  subdivision h of this section; and (2) dies in  active  service  from  a
  qualifying  World  Trade  Center condition, as defined in section two of
  this chapter, as determined by the applicable  head  of  the  retirement
  system  or applicable medical board to have been caused by such member's
  participation in the World Trade  Center  rescue,  recovery  or  cleanup
  operations,  as  defined in section two of this chapter, then unless the
  contrary be proven by competent evidence, such member shall be deemed to
  have died as a natural and proximate result of an accident sustained  in
  the performance of duty and not as a result of willful negligence on his
  or her part. Such member's eligible beneficiary, as set forth in section
  five  hundred  one  of  this article, shall be entitled to an accidental
  death benefit provided he or she makes written application to  the  head
  of  the  retirement system within the time for filing an application for
  an accidental death benefit as set forth in section five hundred nine of
  this article.