NY Ret & SS L § 607-C (2021)
2021 New York Laws RSS - Retirement and Social Security Article 15 - Coordinated Retirement Plan 607-C - Performance of Duty Disability Benefit.

§  607-c.  Performance  of  duty  disability  benefit. a. Any sheriff, deputy  sheriff,  undersheriff  or  correction  officer  as  defined  in subdivision  a  of  section  sixty-three-b  of this chapter, and who are employed in a county which makes an election pursuant to  subdivision  d of  such  section  sixty-three-b,  who  becomes  physically  or mentally incapacitated for the performance of duties as the natural and proximate result of an injury, sustained in the performance or discharge of his or her duties by, or as the natural and proximate result of any act of  any incarcerated  individual  or any person confined in an institution under the jurisdiction of such county, shall be paid  a  performance  of  duty disability  retirement  allowance  equal  to  that  which is provided in section sixty-three of  this  chapter,  subject  to  the  provisions  of section sixty-four of this chapter.   b.  Notwithstanding any provision of this chapter or of any general or special law to the contrary,  a  member  covered  by  this  section  who contracts  HIV  (where there may have been an exposure to a bodily fluid of an incarcerated individual or a person defined in  subdivision  a  of this  section  as  a  natural  and  proximate  result  of  an act of any incarcerated individual or person described in such subdivision  a  that may have involved transmission of a specified transmissible disease from an  incarcerated individual or person described in such subdivision a to the  retirement  system  member),  tuberculosis  or  hepatitis  will  be presumed to have contracted such disease in the performance or discharge of  his  or  her  duties,  and  will be presumed to be disabled from the performance of his or her duties,  unless  the  contrary  be  proved  by competent evidence.   c.  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  each  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  or  a  performance  of  duty  disability retirement  and  subsequent to such retirement 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 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  each  retirement  system  is  hereby  authorized  to promulgate  rules  and  regulations  to implement the provisions of this paragraph.   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 retiree who: (1) has met  the  criteria of  subdivision c 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.   e. 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 c 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, 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.    f. Any sheriff, deputy sheriff, undersheriff, or correction officer as defined  in  subdivision a of section sixty-three-b of this chapter, and who are employed  in  Westchester  county,  who  becomes  physically  or mentally  incapacitated for the performance of duties as the natural and proximate result of an injury, sustained in the performance or discharge of  his  or  her duties by, or as the natural and proximate result of an intentional or reckless act  of  any  civilian  visiting,  or  otherwise present  at, an institution under the jurisdiction of such county, shall be paid a performance of duty disability retirement allowance  equal  to that  which  is provided in section sixty-three of this chapter, subject to the provisions of section sixty-four of this chapter.   g. Any sheriff, deputy sheriff, undersheriff, or correction officer as defined in subdivision a of section sixty-three-b of this  chapter,  and who  is  employed  in  Nassau county, who becomes physically or mentally incapacitated for the performance of duties as the natural and proximate result of an injury, sustained in the performance or discharge of his or her duties by, or as the natural and proximate result of an  intentional or  reckless  act  of any civilian visiting, or otherwise present at, an institution under the jurisdiction of such county where such injury  was sustained  and  documented after the enactment of this section, shall be paid a performance of duty disability retirement allowance equal to that which is provided in section sixty-three of this chapter, subject to the provisions of section sixty-four of this  chapter.  Notwithstanding  any other  provision  of law to the contrary, none of the provisions of this subdivision shall be subject to section twenty-five of this chapter.