2023 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.