2023 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