2023 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.