2023 New York Laws › RSS - Retirement and Social Security › Article 15 - Coordinated Retirement Plan › 607-J - Performance of Duty, Disability Retirement for Chief Fire Marshals, Assistant Chief Fire Marshals, Division Supervising Fire Marshals, Supervising Fire Marshals, Fire Marshals and Fire Marshal Trainees in Nassau County.

* §  607-j.  Performance of duty, disability retirement for chief fire
marshals, assistant  chief  fire  marshals,  division  supervising  fire
marshals,  supervising  fire  marshals,  fire  marshals and fire marshal
trainees in Nassau county. a.  The  county  of  Nassau  shall  make  the
benefits  provided  herein available to county fire marshals, chief fire
marshals, assistant  chief  fire  marshals,  division  supervising  fire
marshals,  supervising  fire  marshals,  fire  marshals,  assistant fire
marshals and fire marshal trainees in the employ of Nassau county.
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 a 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  such  occurrence which is the basis for the
disability incurred in the performance of duty, setting forth:
(a) The time 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 occurrence 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  provisions  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  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  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-a of the general municipal
law.
* NB There are 3 § 607-j's