2010 New York Code
RSS - Retirement & Social Security
Article 14 - (500 - 520) COORDINATED-ESCALATOR RETIREMENT PLAN
507 - Accidental disability benefits.

§ 507. Accidental disability benefits.  a. A member in active service,
  or  a  vested  member  incapacitated as the result of a qualifying World
  Trade Center condition as defined in section two of this chapter, who is
  not eligible for a normal service retirement benefit shall  be  eligible
  for the accidental disability benefit described in subdivision c of this
  section  if  such  member has been determined to be eligible for primary
  social security disability benefits and was disabled as the natural  and
  proximate result of an accident sustained in such active service and not
  caused  by such member's own willful negligence; provided, however, that
  no member of the New York state teachers'  retirement  system,  the  New
  York  city  employees'  retirement  system,  the  New York city board of
  education retirement system, the  New  York  city  teachers'  retirement
  system  or the New York state and local employees' retirement system who
  is otherwise eligible for accidental  disability  benefits  pursuant  to
  this  section shall be deemed to be ineligible for such benefits because
  such member is eligible for a normal service retirement benefit.
    b. A  police/fire  member  in  active  service,  or  a  vested  member
  incapacitated as the result of a qualifying World Trade Center condition
  as  defined  in  section  two of this chapter, who is not eligible for a
  normal service retirement benefit shall be eligible for  the  accidental
  disability benefit either as provided in subdivision a or if such member
  is  physically  or mentally incapacitated for performance of duty as the
  natural and proximate result of an accident  sustained  in  such  active
  service and not caused by such member's own willful negligence.
    c.  In  the case of a member of a retirement system other than the New
  York state and local employees' retirement system, the  New  York  state
  teachers'  retirement  system,  the  New York city employees' retirement
  system, the New York city board of education retirement  system  or  the
  New  York  city  teachers'  retirement system, the accidental disability
  benefit hereunder shall be a pension  equal  to  two  percent  of  final
  average  salary  times years of credited service which such member would
  have attained if employment  had  continued  until  such  member's  full
  escalation  date,  not  in  excess  of  the  maximum  years  of  service
  creditable for the normal service retirement  benefit,  less  (i)  fifty
  percent  of  the  primary social security disability benefit, if any, as
  provided in section five hundred eleven of this article,  and  (ii)  one
  hundred percent of any workers' compensation benefits payable.
    In  the  case  of  a member of the New York state and local employees'
  retirement system, the New York state teachers' retirement  system,  the
  New  York  city employees' retirement system, the New York city board of
  education retirement system or the New York  city  teachers'  retirement
  system,  the  accidental disability benefit hereunder shall be a pension
  equal to sixty percent of final average salary, less (i)  fifty  percent
  of  the  primary social security disability benefit, if any, as provided
  in section five hundred eleven of this article,  and  (ii)  one  hundred
  percent  of  any  workers' compensation benefits payable. In the event a
  disability retiree from any retirement system is not  eligible  for  the
  primary  social security disability benefit and continues to be eligible
  for disability benefits hereunder,  such  disability  benefit  shall  be
  reduced by one-half of such retiree's primary social security retirement
  benefit, commencing at age sixty-two, in the same manner as provided for
  service  retirement  benefits  under section five hundred eleven of this
  article.
    d. If a member shall cease to be eligible for primary social  security
  benefits  before  attaining  age  sixty-five,  or,  if receipt of social
  security benefits is not a condition for disability benefits  hereunder,
  shall  engage  in  such  employment or business activity as would render
  such member ineligible for social security disability benefits  (had  he

or  she  otherwise  been  eligible),  benefits  hereunder  shall  cease.
  Provided, however, if such member is otherwise eligible, the state civil
  service department or appropriate municipal commission shall  place  the
  name  of  such  person,  as  a  preferred  eligible,  on the appropriate
  eligible lists prepared by it for positions for  which  such  person  is
  stated  to  be qualified in a salary grade not exceeding that from which
  such person  retired.  In  such  event,  disability  benefits  shall  be
  continued  for  such  member  until such member first shall be offered a
  position in public service at such salary grade.
    e. A member shall not be eligible to  apply  for  disability  benefits
  under section five hundred six or this section unless such member shall,
  at  the  time  of  application, sign a waiver prepared by the retirement
  system and approved by the administrative head of such  system  pursuant
  to  which  such  member  agrees  to  waive the benefits of any statutory
  presumption relating to the  cause  of  disability  or  eligibility  for
  disability  benefits,  and  a  determination of eligibility for benefits
  hereunder shall be made without regard to any such statutory provision.
    f. If disability benefits hereunder are conditioned  upon  eligibility
  for  receipt  of  primary  social security disability benefits, benefits
  hereunder shall commence  at  the  time  that  primary  social  security
  disability  benefits  commence. If disability benefits hereunder are not
  conditioned upon eligibility for  receipt  of  primary  social  security
  disability benefits, benefits hereunder shall commence as of the date of
  disability retirement.
    g.  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 or applicable retirement system board of  trustees
  are  hereby  authorized  to  promulgate  rules and regulations for their
  respective retirement  systems  to  implement  the  provisions  of  this
  paragraph.
    2.  (a)(1)  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  or applicable retirement system board of trustees 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 or applicable retirement system board of trustees
  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  or  applicable
  retirement system board of trustees according to procedures developed by
  the comptroller or applicable retirement system board of trustees.
    (e) The comptroller or applicable retirement system board of  trustees
  is  hereby  authorized  to  promulgate  rules  and regulations for their
  respective retirement  systems  to  implement  the  provisions  of  this
  paragraph.
    h.  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 g 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.
    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 member who: (1) has met the criteria of
  subdivision  g  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.