NY Ret & SS L § 605-D (2021)
2021 New York Laws RSS - Retirement and Social Security Article 15 - Coordinated Retirement Plan 605-D - Accidental Disability Retirement for Chief Fire Marshals, Assistant Fire Marshals, Division Supervising Fire Marshals, Supervising Fire Marshals, Fire Marshals and Fire Marshal Trainees in Nassau County.

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