N.Y. RSS Law § 605-D — New York Code / Act RSS / Article 15 / Section 605-D
Accidental disability retirement for chief fire marshals, assistant fire marshals, division supervising fire marshals, supervising fire m...
Status: in_force

§ 605-d. Accidental disability retirement for chief fire marshals,\nassistant fire marshals, division supervising fire marshals, supervising\nfire marshals, fire marshals and fire marshal trainees in Nassau county.\na. A member employed as a chief fire marshal, assistant chief fire\nmarshal, division supervising fire marshal, supervising fire marshal,\nfire marshal or fire marshal trainee in Nassau county shall be entitled\nto an accidental disability retirement allowance if, at the time\napplication therefor is filed, such member is:\n  1. Physically or mentally incapacitated for performance of duty as the\nnatural and proximate result of an accident, unless the contrary be\nproved by competent evidence, not caused by his or her own willful\nnegligence, sustained in such service and while actually a member of the\nretirement system; and\n  2. Actually in service upon which his or her membership is based.\nHowever, in a case where a member is discontinued from service\nsubsequent to the accident, either voluntarily or involuntarily, and\nprovided that the member meets the requirements of paragraph one of this\nsubdivision, application may be made not later than two years after the\nmember is first discontinued from service.\n  b. Application for an accidental disability retirement allowance for\nsuch a member may be made by:\n  1. Such member; or\n  2. The head of the department in which such member is employed; or\n  3. Any person acting on behalf of and authorized by such member.\n  c. 1. After the filing of such an application, such member shall be\ngiven one or more medical examinations. No such application shall be\napproved, however, unless the member or some other person on his or her\nbehalf shall have filed written notice in the office of the comptroller\nwithin ninety days after the accident, setting forth:\n  (a) The time when and the place where such accident occurred; and\n  (b) The particulars thereof; and\n  (c) The nature and extent of the member's injuries; and\n  (d) His or her alleged incapacity.\n  2. The notice herein required need not be given:\n  (a) If the notice of such accident shall be filed in accordance with\nthe provisions of the workers' compensation law of any state within\nwhich a participating employer in Nassau county shall have its employees\nlocated or performing functions and duties within the normal scope of\ntheir employment; or\n  (b) If the application for accidental disability retirement is filed\nwithin one year after the date of such accident; or\n  (c) If a failure to file notice has been excused for good cause shown\nas provided by rules and regulations promulgated by the comptroller.\n  d. If the comptroller determines that the member is physically or\nmentally incapacitated for the performance of duty and ought to be\nretired for accidental disability, such member shall be so retired. Such\nretirement shall be effective as of a date approved by the comptroller.\n  e. The annual retirement allowance payable upon accidental disability\nretirement shall be a pension of three-quarters of his or her final\naverage salary. The payment of such pension shall be subject to the\nprovisions of section sixty-four of this chapter.\n  f. If the member, at the time of the filing of an application under\nthe provisions of subdivision b of this section, is eligible for a\nservice retirement benefit, then and in that event, he or she may\nsimultaneously file an application for service retirement in accordance\nwith the provisions of section seventy of this chapter, provided that\nthe member indicates on the application for service retirement that such\napplication is filed without prejudice to the application for accidental\ndisability retirement.\n  g. Notwithstanding any other provision of law, this section shall\napply to chief fire marshals, assistant chief fire marshals, division\nsupervising fire marshals, supervising fire marshals, fire marshals and\nfire marshal trainees in Nassau county who were hired on or after July\ntwenty-seventh, nineteen hundred seventy-six.\n