NY Ret & SS L § 63 (2021)
2021 New York Laws RSS - Retirement and Social Security Article 2 - New York State Employees' Retirement System Title 7 - Death Benefits and Disability Retirement 63 - Accidental Disability Retirement.

§  63. Accidental disability retirement. a. A member shall be entitled to an  accidental  disability  retirement  allowance  if,  at  the  time application therefor is filed, he 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 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 article 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. Some person acting on behalf of and authorized by such member.   c.  (a)  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:   1. The time when and the place where such accident occurred, and   2. The particulars thereof, and   3. The nature and extent of the member's injuries, and   4. His alleged incapacity.  (b) The notice herein required need not be given:   1.  If  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   2. If the application for accidental disability  retirement  is  filed within one year after the date of such accident, or   3.  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  retirement  allowance  payable  upon  accidental   disability retirement shall consist of:   1.  An annuity which shall be the actuarial equivalent of the member's accumulated contributions, plus   2.  A   pension   which   is   the   actuarial   equivalent   of   the reserve-for-increased-take-home-pay to which he may be entitled, if any, plus   3.  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 article.   f.  If  the  member, at the time of the filing of an application under the provisions of subdivision  b  hereof,  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  provisions 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.  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 article, 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 article, 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 article, 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.   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 article, 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 sixty-one of this title, shall be entitled to an accidental death benefit as provided by section sixty-one of this title, 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  sixty-one of this title 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.   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  article,  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 article, 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 sixty-one of this title,  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 sixty-one of this title.