2023 New York Laws › RSS - Retirement and Social Security › Article 15 - Coordinated Retirement Plan › 607-G - Retirement for Disability Benefits Incurred in the Performance of Duty; Westchester County District Attorney Investigators.

§   607-g.   Retirement   for  disability  benefits  incurred  in  the
performance of duty; Westchester county district attorney investigators.
a. The county of Westchester may elect to  make  the  benefits  provided
herein    available   to   criminal   investigators,   senior   criminal
investigators, deputy chief criminal investigators, and  chief  criminal
investigators  who  are in the employ of the Westchester county district
attorney.
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 discontinued from service; and provided that the member  meets
the requirements of subdivision a of this section and this subdivision.
c.  Application  for retirement for disability incurred in performance
of duty may be made by:
1. Such member, or
2. The head of the department in which such member is employed.
d. After the filing of such an application, such member shall be given
one or more medical examinations. 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,
he or she shall be so retired. Such retirement shall be effective as  of
a date approved by the comptroller.
e.  1.  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, date, and place of such occurrence, and
(b) The particulars thereof, and
(c) The nature and extent of the member's injuries, and
(d) The alleged disability.
2. The notice herein required need not be given:
(a) If notice of such occurrence shall be filed in accordance with the
provisions of the workers' compensation law of any  state  within  which
the county of Westchester shall have its employees located or performing
functions and duties within the normal scope of their employment, or
(b)  If  the application for retirement for disability incurred in the
performance of duty 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.
3.  Notwithstanding  any  other  provision of law to the contrary, the
provisions of this subdivision shall apply to all occurrences before  or
after the effective date of this section.
f.  The  retirement  allowance  payable upon retirement for disability
incurred in the performance of  duty  shall  consist  of  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; 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-three, sixty-four,  five  hundred  seven-f,  five  hundred
seven-g, six hundred seven-e, or six hundred seven-f, 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.
k.  Nothing  in  this  section  shall  be  deemed  to   preclude   the
simultaneous filing of an application for benefits pursuant to any other
section  of  law  nor  the  consideration  of  such  application  by the
retirement system, including an accidental disability  benefit  pursuant
to section six hundred seven-e of this article.