NY Ret & SS L § 605-A (2021)
2021 New York Laws RSS - Retirement and Social Security Article 15 - Coordinated Retirement Plan 605-A - Accidental Disability Retirement for Uniformed Court Officers and Peace Officers Employed in the Unified Court System.

§  605-a.  Accidental  disability  retirement  for  ambulance  medical technician  supervisors,  ambulance  medical  technician   coordinators, ambulance  medical  technicians,  police medic supervisors, police medic coordinators, and police medics in Nassau county. a. A  member  employed as   an  ambulance  medical  technician  supervisor,  ambulance  medical technician  coordinator,  ambulance  medical  technician,  police  medic supervisor,  police  medic coordinator, or police medic 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, not caused by his 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.   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 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  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  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   may simultaneously  file an application for service retirement in accordance with the provision 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 ambulance medical  technician  supervisors,  ambulance  medical technician  coordinators,  ambulance  medical  technicians, police medic supervisors, police medic coordinators,  and  police  medics  in  Nassau county  who were hired on or after July twenty-seventh, nineteen hundred seventy-six.   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 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.   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 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.