2010 New York Code
RSS - Retirement & Social Security
Article 14 - (500 - 520) COORDINATED-ESCALATOR RETIREMENT PLAN
507-C - Performance of duty disability retirement; New York city department of correction.

§  507-c.  Performance  of  duty  disability retirement; New York city
  department of correction. a. Any member in the  uniformed  personnel  in
  institutions  under  the jurisdiction of the New York city department of
  correction, 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
  a natural and proximate result of, an act of any inmate  or  any  person
  confined  in  an institution under the jurisdiction of the department of
  correction or the department of 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 three-quarters of final
  average salary, subject to the  provisions  of  section  13-176  of  the
  administrative code of the city of New York.
    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 subdivision a of this section 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. 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  head  of  the  retirement  system  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 which is determined by  the
  head  of  the  retirement  system  to have been a qualifying World Trade
  Center condition, as defined in section two of this chapter,  upon  such
  determination by the head of the retirement system, 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 proved by competent evidence.
    (b)   The   head   of   the   retirement   system   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 head of  the  retirement  system
  according to procedures developed by the head of the retirement system.
    (e)  The  head  of  the  retirement  system  is  hereby  authorized to
  promulgate rules and regulations to implement  the  provisions  of  this
  paragraph.
    d.  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 c 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, that is 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.
    e. 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 c of this section; and (2) dies in  active  service  from  a
  qualifying  World  Trade  Center condition, as defined in section two of
  this  chapter,  that  is  determined  by  the  applicable  head  of  the
  retirement  system or applicable medical board, 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.