2023 New York Laws › RSS - Retirement and Social Security › Article 15 - Coordinated Retirement Plan › 605-G - Accidental Disability Retirement for Deputy Sheriffs in Nassau County.

* §  605-g.  Accidental  disability  retirement for deputy sheriffs in
Nassau county. a. A member employed as a deputy sheriff in Nassau county
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, unless the contrary be
proved by competent evidence, 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 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. 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 or  her
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 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 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  or  her  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  or  she  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.  Notwithstanding  any  other  provision  of law, this section shall
apply to deputy sheriffs in Nassau county who were  hired  on  or  after
July twenty-seventh, nineteen hundred seventy-six.
* NB There are 2 § 605-g's