NY Ret & SS L § 556 (2021)
2021 New York Laws RSS - Retirement and Social Security Article 14-B - Special Retirement Plans for Sheriffs, Undersheriffs and Deputy Sheriffs Engaged in Law Enforcement Activities 556 - Accidental Disability Retirement.

§  556.  Accidental  disability  retirement.    a.  A  member shall be entitled to an accidental disability retirement  allowance  if,  at  the time application therefor is filed, he or she is:   1. Physically or mentally incapacitated for performance of duty as the natural and proximate result of an accident 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  either  (a)  by  a  vested  member incapacitated as the result of a qualifying World Trade Center condition as  defined in section two of this chapter at any time, or (b) not later than two years after the member is first discontinued from  service  and provided that the member meets the requirements of paragraph one of this subdivision.   An  application  for disability retirement shall not be disapproved on the basis of a deputy  sheriff  having  failed  to  engage  directly  in criminal law enforcement activities that aggregate fifty per centum of a deputy  sheriff's  service  during  a period preceding the filing of the application provided the  failure  to  do  so  was  the  result  of  the disability  alleged  in  the application and further provided the deputy sheriff  was  certified  as  so  engaged  in  criminal  law  enforcement activities  by the county sheriff at the time the accident is alleged to have occurred.   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. Some 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  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  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  retirement  allowance  payable  upon  accidental   disability retirement shall consist of:   1.  An annuity which shall be the actuarial equivalent of the member's accumulated contributions, plus    2.  A   pension   which   is   the   actuarial   equivalent   of   the reserved-for-increased-take-home-pay to which he or she may be entitled, if any, plus   3.  A  pension  of  two-thirds of his or her final average salary. The payment of such pension shall be subject to the  provisions  of  section three hundred 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 applicant  for  accidental disability retirement.   g.  The provisions of section three hundred sixty-four of this chapter shall apply.   h. 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  comptroller  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 comptroller to have  a  qualifying  World  Trade  Center  condition,  as defined  in  section two of this chapter, upon such determination by the comptroller 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 comptroller 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  comptroller  according  to procedures developed by the comptroller.  (e) The comptroller is  hereby  authorized  to  promulgate  rules  and regulations to implement the provisions of this paragraph.   i.  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 h 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 five hundred one of this article, shall be entitled to an accidental death benefit as provided by  section five  hundred  nine  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  five  hundred nine 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.   j. 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 h 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 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 five  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 five hundred nine of this article.