2013 New York Consolidated Laws
RSS - Retirement & Social Security
Article 15 - (600 - 617) COORDINATED RETIREMENT PLAN
607-A - Performance of duty disability retirement.

 
    §  607-a.  Performance  of duty disability retirement. a. Any security
  hospital treatment assistant, as that term is defined in  subdivision  i
  of  section  eighty-nine  of  this  chapter,  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  the  natural  and  proximate
  result  of,  an  act  of any person confined in an institution under the
  jurisdiction of the office of mental 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 that  which
  is  provided  in  section  sixty-three  of  this chapter, subject to the
  provisions of section sixty-four of this chapter.
    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 such subdivision a 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. Notwithstanding any provision of this chapter or of any general  or
  special  law  to  the  contrary,  any  condition of impairment of health
  caused by diseases of the heart, resulting in disability or death  to  a
  member  covered  by  this section, presently employed and who shall have
  sustained such disability while so employed, who successfully  passed  a
  physical  examination  on  entry  into  service  as  a security hospital
  treatment assistant, which examination failed to  disclose  evidence  of
  any  disease  or  other  impairment  of  the heart, shall be presumptive
  evidence that it was incurred in the performance and discharge of  duty,
  unless the contrary be proved by competent evidence.