2023 New York Laws › RSS - Retirement and Social Security › Article 15 - Coordinated Retirement Plan › 605-C - Accidental Disability Retirement for Deputy Sheriffs Employed by the City of New York.

§ 605-c. Accidental disability retirement for deputy sheriffs employed
by  the  city  of  New York. a. A member of the New York city employees'
retirement system employed by the city of New  York  as  a  deputy  city
sheriff,  level  one, deputy city sheriff, level two, supervising deputy
sheriff or administrative sheriff, who becomes  physically  or  mentally
incapacitated for the performance of duties as the natural and proximate
result  of  an  accident,  sustained  in  the  performance of his or her
duties, not caused by his or her willful negligence, sustained  in  such
service  and  while actually a member of the retirement system, shall be
paid  an   accidental   disability   retirement   allowance   equal   to
three-quarters of final average compensation as defined in subdivision e
of  section six hundred eight of this article, subject to the provisions
of section 13-176 of the administrative code of the city of New York.
b. 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  is  determined by the head of the retirement
system to have 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 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  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 comptroller.
(e) The  head  of  the  retirement  system  is  hereby  authorized  to
promulgate  rules  and  regulations  to implement the provisions of this
paragraph.
c. 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  b 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,  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 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  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  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  six hundred seven 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.
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 member who: (1) has met the criteria of
subdivision b 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,  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.