2010 New York Code
RSS - Retirement & Social Security
Article 15 - (600 - 617) COORDINATED RETIREMENT PLAN
605-C - Accidental disability retirement for deputy sheriffs employed by the city of New York.

§ 605-c. Accidental disability retirement for deputy sheriffs employed
  by  the  city  of  New York. a. A member of the New York city employees'
  retirement system employed by the city of New  York  as  a  deputy  city
  sheriff,  level  one, deputy city sheriff, level two, supervising deputy
  sheriff or administrative sheriff, who becomes  physically  or  mentally
  incapacitated for the performance of duties as the natural and proximate
  result  of  an  accident,  sustained  in  the  performance of his or her
  duties, not caused by his or her willful negligence, sustained  in  such
  service  and  while actually a member of the retirement system, shall be
  paid  an   accidental   disability   retirement   allowance   equal   to
  three-quarters of final average compensation as defined in subdivision e
  of  section six hundred eight of this article, subject to the provisions
  of section 13-176 of the administrative code of the city of New York.
    b. 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 is determined by the head
  of the retirement  system  to  have  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 proven 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 comptroller.
    (e) The  head  of  the  retirement  system  is  hereby  authorized  to
  promulgate  rules  and  regulations  to implement the provisions of this
  paragraph.
    c. 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 b 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.
    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 member who: (1) has met the criteria of
  subdivision  b  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.