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

 
    §  607-c.  Performance  of  duty  disability  benefit. a. Any sheriff,
  deputy  sheriff,  undersheriff  or  correction  officer  as  defined  in
  subdivision  a  of  section  sixty-three-b  of this chapter, and who are
  employed in a county which makes an election pursuant to  subdivision  d
  of  such  section  sixty-three-b,  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 any act of  any
  inmate  or  any person confined in an institution under the jurisdiction
  of  such  county,  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 defined 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  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  each  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  each  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 who: (1) has met the criteria
  of subdivision c 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.
    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; 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, 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.