NY Ret & SS L § 607-J-2 (2021)
2021 New York Laws RSS - Retirement and Social Security Article 15 - Coordinated Retirement Plan 607-J*2 - Performance of Duty Disability Retirement Benefits for Certain First Responders in Nassau County.

* §  607-j.  Performance  of  duty  disability retirement benefits for certain first responders in Nassau county. a. The county of Nassau shall make the benefits provided herein available to  the  following  employee titles  in  the  employ  of  Nassau  county:  police medic; police medic supervisor;  police  medic  coordinator;   bureau   director   emergency ambulance; and deputy bureau director emergency ambulance.   b. A member shall be entitled to retirement for disability incurred in the  performance  of duty 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 a disability 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 the case where a member is discontinued from service, either voluntarily,  or involuntarily, subsequent to sustaining a disability in such service, application may be made not later than two years after the member is first discontinued from service; and provided that the  member meets  the  requirements  of  subdivision  a  of  this  section and this subdivision.   c.  Application  for  a  performance  of  duty  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.   d.  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  occurrence  which is the basis for the disability incurred in the performance of duty, setting forth:  (a) The time when and the place of such occurrence; and  (b) The particulars thereof; and  (c) The nature and extent of the member's injuries; and  (d) His or her alleged disability.   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 in Nassau county shall have its employees located or performing functions and duties within the  normal  scope  of their employment; or  (b)  If  the application for performance of duty disability retirement is filed within one year after the date of the  occurrence  which  forms the basis for the application; 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.   e. If the comptroller determines that  the  member  is  physically  or mentally   incapacitated   for  the  performance  of  duty  pursuant  to subdivision b of this section and ought to be retired, such member shall be so retired. Such retirement shall be effective as of a date  approved by the comptroller.   f.  The  annual  retirement  allowance  payable  upon  retirement  for disability incurred in the performance of duty shall  be  a  pension  of one-half  of his or her final average salary plus an annuity which shall be the actuarial equivalent of the member's  accumulated  contributions, if any.   g.  If  the  member, at the time of the filing of an application under the provision of subdivision c  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 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  the retirement for disability incurred in performance of duty.   h.  Any  benefit  provided  pursuant  to  this  section  shall  not be considered as an accidental disability benefit  within  the  meaning  of section sixty-four of this chapter.   i.  Any benefit payable pursuant to the workers' compensation law to a member receiving a disability allowance pursuant to this  section  shall be in addition to such retirement for disability incurred in performance of duty allowance.   j.  A  final  determination  of the comptroller that the member is not entitled to retirement benefits pursuant to this section  shall  not  in any  respect  be, or constitute, a determination with regard to benefits payable pursuant to section two hundred seven-c of the general municipal law.   * NB There are 3 § 607-j's