2013 New York Consolidated Laws
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, provided, however, that the
  provisions  of this section shall not apply to a member of the uniformed
  force of the New York city department of correction who is  a  New  York
  city uniformed correction/sanitation revised plan member.
    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,  a  performance  of  duty  disability
  retirement, or was  separated  from  service  with  a  vested  right  to
  deferred  payability  of  a  retirement allowance and subsequent to such
  retirement or  separation  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 or vested
  had  the  condition  been  known  and fully developed at the time of the

  member's retirement or  separation  from  service  with  vested  rights,
  unless the contrary is proved by competent evidence.
    (b)   The   head   of   the   retirement   system   shall  consider  a
  reclassification of the member's retirement or vesting 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 or vestee who: (1) has met the
  criteria of subdivision c of this section and retired on  a  service  or
  disability  retirement,  would  have  met  the  criteria  if not already
  retired on an accidental disability, or was separated from service  with
  a vested right to deferred payability of a retirement allowance; 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 or vestee 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 or vestee'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 or
  vestee shall be deemed to have died on the date of his or her retirement
  or separation from service with vested rights.  Upon  the  retiree's  or
  vestee'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,  vested right 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,  or  vested
  right  to  such  benefit,  including any post-retirement death benefits,
  since the retiree's or vestee'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), or that  will  be  eligible
  under  the  vested  right  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;  (2)  dies in active service or after
  separating from service with a vested right to deferred payability of  a
  retirement  allowance,  but  prior  to the payability of that retirement

  allowance; 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 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.