2010 New York Code
RSS - Retirement & Social Security
Article 15 - (600 - 617) COORDINATED RETIREMENT PLAN
605-A - Accidental disability retirement for uniformed court officers and peace officers employed in the unified court system.

§ 605-a. Accidental disability retirement for uniformed court officers
  and  peace  officers  employed  in the unified court system. a. A member
  employed as a uniformed court officer or peace officer  in  the  unified
  court  system  shall  be entitled to an accidental disability retirement
  allowance if, at the time application therefor is filed, such member is:
    1. Physically or mentally incapacitated for performance of duty as the
  natural and proximate result of an  accident,  not  caused  by  his  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.
    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. Any 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  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 the 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 annual retirement allowance payable upon accidental  disability
  retirement  shall  be  a  pension of three-quarters of his final average
  salary. The payment of such pension shall be subject to  the  provisions
  of section 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  may
  simultaneously file an application for service retirement in  accordance
  with the provision 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 application for accidental
  disability retirement.

g. Notwithstanding any other provision  of  law,  this  section  shall
  apply  to  uniformed  court  officers and peace officers employed in the
  unified court system who were  hired  on  or  after  July  twenty-seven,
  nineteen hundred seventy-six.
    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 six hundred one of this article,
  shall be entitled to an accidental death benefit as provided by  section
  six  hundred  seven  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  six  hundred seven 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
  six  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 six hundred seven of
  this article.