NY Ret & SS L § 605-C (2021)
2021 New York Laws RSS - Retirement and Social Security Article 15 - Coordinated Retirement Plan 605-C - Accidental Disability Retirement for Deputy Sheriffs Employed by the City of New York.

§ 605-c. Accidental disability retirement for deputy sheriffs employed by  the  city  of  New York. a. A member of the New York city employees' retirement system employed by the city of New  York  as  a  deputy  city sheriff,  level  one, deputy city sheriff, level two, supervising deputy sheriff or administrative sheriff, who becomes  physically  or  mentally incapacitated for the performance of duties as the natural and proximate result  of  an  accident,  sustained  in  the  performance of his or her duties, not caused by his or her willful negligence, sustained  in  such service  and  while actually a member of the retirement system, shall be paid  an   accidental   disability   retirement   allowance   equal   to three-quarters of final average compensation as defined in subdivision e of  section six hundred eight of this article, subject to the provisions of section 13-176 of the administrative code of the city of New York.   b. 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  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 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 comptroller.  (e) The  head  of  the  retirement  system  is  hereby  authorized  to promulgate  rules  and  regulations  to implement the provisions of this paragraph.   c. 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  b 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,  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 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  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  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  six hundred seven 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.   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 member who: (1) has met the criteria of subdivision b 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,  as  determined  by  the applicable  head of the retirement system or applicable medical board to have been caused by such  member's  participation  in  the  World  Trade Center rescue, recovery or cleanup operations, as defined in section two of  this  chapter,  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.