NY Ret & SS L § 507 (2021)
2021 New York Laws RSS - Retirement and Social Security Article 14 - Coordinated-Escalator Retirement Plan 507 - Accidental Disability Benefits.

§ 507. Accidental disability benefits.  a. A member in active service, or  a  vested  member  incapacitated as the result of a qualifying World Trade Center condition as defined in section two of this chapter, who is not eligible for a normal service retirement benefit shall  be  eligible for the accidental disability benefit described in subdivision c of this section  if  such  member has been determined to be eligible for primary social security disability benefits and was disabled as the natural  and proximate result of an accident sustained in such active service and not caused  by such member's own willful negligence; provided, however, that no member of the New York state teachers'  retirement  system,  the  New York  city  employees'  retirement  system,  the  New York city board of education retirement system, the  New  York  city  teachers'  retirement system  or the New York state and local employees' retirement system who is otherwise eligible for accidental  disability  benefits  pursuant  to this  section shall be deemed to be ineligible for such benefits because such member is eligible for a normal service retirement benefit.   b. A police/fire member in active service, a New York  city  uniformed correction/sanitation  revised  plan  member  in  active  service  or an investigator revised plan member in active service, or a  vested  member incapacitated as the result of a qualifying World Trade Center condition as  defined  in  section  two of this chapter, who is not eligible for a normal service retirement benefit shall be eligible for  the  accidental disability  benefit  either as provided in subdivision a of this section or  if  such  member  is  physically  or  mentally   incapacitated   for performance  of  duty as the natural and proximate result of an accident sustained in such active service and not caused  by  such  member's  own willful negligence.   c.  1.  In  the case of a member of a retirement system other than the New York state and local employees'  retirement  system,  the  New  York state   teachers'  retirement  system,  the  New  York  city  employees' retirement system, the New  York  city  board  of  education  retirement system  or the New York city teachers' retirement system, or in the case of a member of the New York city employees' retirement system who  is  a New  York city uniformed correction/sanitation revised plan member or an investigator revised plan  member,  the  accidental  disability  benefit hereunder  shall  be  a  pension  equal  to two percent of final average salary times years of credited service  which  such  member  would  have attained if employment had continued until such member's full escalation date,  not  in excess of the maximum years of service creditable for the normal service retirement benefit, less (i) fifty percent of the primary social security disability benefit, if any, as provided in section  five hundred  eleven  of  this  article,  and (ii) one hundred percent of any workers' compensation benefits payable. The provisions of this paragraph shall not apply to New York city enhanced plan members.   2. In the case of a member of the New York state and local  employees' retirement  system,  the New York state teachers' retirement system, the New York city employees' retirement system (other than a New  York  city uniformed  correction/sanitation  revised plan member or an investigator revised plan member), the New York city board  of  education  retirement system  or the New York city teachers' retirement system, the accidental disability benefit hereunder shall be a pension equal to  sixty  percent of  final  average  salary, less (i) fifty percent of the primary social security disability benefit, if any, as provided in section five hundred eleven of this article, and (ii) one hundred  percent  of  any  workers' compensation  benefits  payable.  In the event a disability retiree from any retirement system is not eligible for the  primary  social  security disability  benefit and continues to be eligible for disability benefits hereunder, such disability benefit shall be reduced by one-half of  such  retiree's  primary social security retirement benefit, commencing at age sixty-two, in  the  same  manner  as  provided  for  service  retirement benefits under section five hundred eleven of this article.   3. In the case of a New York city enhanced plan member, the accidental disability  benefit  hereunder  shall be a pension equal to seventy-five percent of final  average  salary,  less  one  hundred  percent  of  any workers' compensation benefits payable.   d.  If a member shall cease to be eligible for primary social security benefits before attaining age  sixty-five,  or,  if  receipt  of  social security  benefits is not a condition for disability benefits hereunder, shall engage in such employment or business  activity  as  would  render such  member  ineligible for social security disability benefits (had he or  she  otherwise  been  eligible),  benefits  hereunder  shall  cease. Provided, however, if such member is otherwise eligible, the state civil service  department  or appropriate municipal commission shall place the name of such  person,  as  a  preferred  eligible,  on  the  appropriate eligible  lists  prepared  by  it for positions for which such person is stated to be qualified in a salary grade not exceeding that  from  which such  person  retired.  In  such  event,  disability  benefits  shall be continued for such member until such member first  shall  be  offered  a position in public service at such salary grade.   e. A member, except a New York city enhanced plan member, shall not be eligible to apply for disability benefits under section five hundred six or  this  section  unless such member shall, at the time of application, sign a waiver prepared by the retirement  system  and  approved  by  the administrative  head of such system pursuant to which such member agrees to waive the benefits of any statutory presumption relating to the cause of  disability  or  eligibility   for   disability   benefits,   and   a determination  of  eligibility  for  benefits  hereunder  shall  be made without regard to any such statutory provision.   f. If disability benefits hereunder are conditioned  upon  eligibility for  receipt  of  primary  social security disability benefits, benefits hereunder shall commence  at  the  time  that  primary  social  security disability  benefits  commence. If disability benefits hereunder are not conditioned upon eligibility for  receipt  of  primary  social  security disability benefits, benefits hereunder shall commence as of the date of disability retirement.   g.  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 or applicable retirement system board of  trustees are  hereby  authorized  to  promulgate  rules and regulations for their respective retirement  systems  to  implement  the  provisions  of  this paragraph.   2.  (a)(1)  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  or applicable retirement system board of trustees 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 or applicable retirement system board of trustees 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  or  applicable retirement system board of trustees according to procedures developed by the comptroller or applicable retirement system board of trustees.  (e) The comptroller or applicable retirement system board of  trustees is  hereby  authorized  to  promulgate  rules  and regulations for their respective retirement  systems  to  implement  the  provisions  of  this paragraph.   h.  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 g 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.   h-1.  Notwithstanding  any  other  law,  rule  or  regulation  to  the contrary, any member who had an active membership in the New York  state  and  local  employees' retirement system or the New York state teachers' retirement system, when such member participated in World  Trade  Center rescue,  recovery,  or  cleanup  operations,  as  such  participation is defined  in section two of this chapter, who incurred a qualifying World Trade Center condition, as defined in section two of this chapter,  that is  determined to have been incurred in the performance and discharge of duty and is the natural and proximate result of an accident  not  caused by  such member's own willful negligence, shall be paid a performance of duty disability retirement allowance equal to  three-quarters  of  final average  salary.  The  payment  of  such pension shall be subject to the provisions of section sixty-four of this chapter.   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 member who: (1) has met the criteria of subdivision g 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.   j. Notwithstanding any inconsistent provision of this chapter  or  any law,  any  condition  of  impairment of health caused by diseases of the lung, resulting in disability or death to a member of the New York  city fire  department  pension  fund  who  is  a  New York city enhanced plan member, who successfully passed a physical  examination  on  entry  into service  as a firefighter, which examination failed to disclose evidence of any disease or other impairment of the  lung,  shall  be  presumptive evidence  that it was incurred in the performance and discharge of duty, unless the contrary be proved by competent evidence.