NY Ret & SS L § 507-C (2021)
2021 New York Laws RSS - Retirement and Social Security Article 14 - Coordinated-Escalator Retirement Plan 507-C - Performance of Duty Disability Retirement; New York City Department of Correction.

§  507-c.  Performance  of  duty  disability retirement; New York city department of correction. a. Any member in the  uniformed  personnel  in institutions  under  the jurisdiction of the New York city department of correction, 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 a natural and proximate result of, an act of any incarcerated individual or any person confined in an institution under the jurisdiction  of  the department  of  correction or the department of health, or by any person who has been committed to such institution by any court shall be paid  a performance   of   duty   disability   retirement   allowance  equal  to three-quarters of final average salary, subject  to  the  provisions  of section  13-176  of  the  administrative  code  of the city of New York, provided, however, that the provisions of this section shall  not  apply to  a  member  of the uniformed force of the New York city department of correction who  is  a  New  York  city  uniformed  correction/sanitation revised plan member.   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 described in subdivision a  of this  section  as  a  natural  and  proximate  result  of  an act of any incarcerated individual or person described in  subdivision  a  of  this section that may have involved transmission of a specified transmissible disease from an incarcerated individual or such 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  the  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,  a  performance  of  duty   disability retirement,  or  was  separated  from  service  with  a  vested right to deferred payability of a retirement allowance  and  subsequent  to  such retirement  or  separation  which  is  determined  by  the  head  of the retirement  system  to  have  been  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 or vested  had the condition been known and fully developed  at  the  time  of  the member's  retirement  or  separation  from  service  with vested rights, unless the contrary is proved by competent evidence.  (b)   The   head   of   the   retirement   system   shall  consider  a reclassification of the member's retirement or vesting 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 head of the retirement system.  (e)  The  head  of  the  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 or vestee who: (1) has met the criteria of subdivision c of this section and retired on  a  service  or disability  retirement,  would  have  met  the  criteria  if not already retired on an accidental disability, or was separated from service  with a vested right to deferred payability of a retirement allowance; 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,  that  is  determined  by  the  applicable  head  of  the retirement system or applicable medical board, then unless the  contrary be  proven by competent evidence, such retiree or vestee 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 or vestee'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 or vestee shall be deemed to have died on the date of his or her retirement or separation from service with vested rights.  Upon  the  retiree's  or vestee'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,  vested right 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,  or  vested right  to  such  benefit,  including any post-retirement death benefits, since the retiree's or vestee'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), or that  will  be  eligible under  the  vested  right  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;  (2)  dies in active service or after separating from service with a vested right to deferred payability of  a  retirement  allowance,  but  prior  to the payability of that retirement allowance; and (3) dies from a qualifying World Trade Center  condition, as  defined  in  section  two of this chapter, that is 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 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.