2023 New York Laws › RSS - Retirement and Social Security › Article 15 - Coordinated Retirement Plan › 605-G*2 - Accidental Disability Retirement for Deputy Sheriffs in Suffolk County.

* §  605-g.  Accidental  disability  retirement for deputy sheriffs in
Suffolk county. a. A member employed as  a  deputy  sheriff  in  Suffolk
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  Suffolk  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 Suffolk county who were hired  on  or  after
July twenty-seventh, nineteen hundred seventy-six.
* NB There are 2 § 605-g's