2023 New York Laws › RSS - Retirement and Social Security › Article 15 - Coordinated Retirement Plan › 605-A - Accidental Disability Retirement for Uniformed Court Officers and Peace Officers Employed in the Unified Court System.

§ 605-a. Accidental disability retirement for uniformed court officers
and  peace  officers  employed in the unified court system.  a. A member
employed as a uniformed court officer or peace officer  in  the  unified
court  system  shall  be entitled to an accidental disability retirement
allowance if, at the time application therefor is filed, such member is:
1. Physically or mentally incapacitated for performance of duty as the
natural and proximate result of an accident, 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
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 chapter at any time, or (b) not  later
than two years after the member is first discontinued from service.
For  purposes  of  this  subdivision,  a  member who is injured as the
result of a physical assault by an assailant, suffered while in  service
shall  be  entitled  to  accidental  disability  retirement  unless  the
contrary can be proven by competent evidence under this section.
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. Any person acting on behalf of and authorized by such member.
c.  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 behalf
shall have filed written notice in the office of the comptroller  within
ninety days after the accident, setting forth:
(a) The time when and the place where such accident occurred; and
(b) The particulars thereof; and
(c) The nature and extent of the member's injuries; and
(d) His or her alleged incapacity.
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  shall  have  its employees located or
performing functions  and  duties  within  the  normal  scope  of  their
employment; or
(b)  If  the application for accidental disability retirement is filed
within one year after the date of such accident; 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.
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 annual retirement allowance payable upon accidental disability
retirement shall be 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 chapter.
f. If the member, at the time of the filing of  an  application  under
the  provisions  of  subdivision  b  of  this section, 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 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 accidental
disability retirement.
g.  Notwithstanding  any  other  provision  of law, this section shall
apply to uniformed court officers and peace  officers  employed  in  the
unified  court  system  who  were  hired  on or after July twenty-seven,
nineteen hundred seventy-six.
h. 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  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  chapter,  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 chapter, 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.
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 retiree who: (1) has met the criteria
of subdivision h 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 chapter, 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 six hundred one  of  this  article,
shall  be entitled to an accidental death benefit as provided by section
six hundred  seven  of  this  article,  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  six  hundred  seven  of  this  article
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.
j.  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  h  of  this  section; and (2) dies in active service from a
qualifying World Trade Center condition, as defined in  section  two  of
this  chapter,  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 chapter, 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
six 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 six hundred seven of
this article.