2023 New York Laws › RSS - Retirement and Social Security › Article 8 - New York State and Local Police and Fire Retirement System › Title 8 - Death Benefits and Disability Retirement › 363-BB - State Police Accidental Disability Retirement Allowance.

§  363-bb. State police accidental disability retirement allowance. a.
A member may  elect  to  receive  an  accidental  disability  retirement
allowance  as  provided  under  this  section  in  lieu  of the benefits
provided under section three hundred sixty-three-b of this title 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 an accident not caused by his or her own
willful negligence sustained in such service and while actually a member
of the New York state and local police and fire retirement system, and
2.  Actually  in  service  upon  which his or her membership is based.
However, in a case if a member is discontinued from  service  subsequent
to the accident, either voluntarily or involuntarily, application may be
made  not  later  than  two years after the member is first discontinued
from service and provided that the  member  meets  the  requirements  of
paragraph one of this subdivision.
b.  Application  for an accidental disability retirement allowance for
such a member may be made by:
1. Such member, or
2. The superintendent of state police or his or her designee, or
3. A 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,
(b) The particulars thereof,
(c) The nature and extent of the member's injuries, and
(d) His or her alleged incapacity.
2. The notice required by this section need not be given:
(a) If 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.   Notwithstanding  any  other  provision  of  law,  the  retirement
allowance payable upon accidental disability  retirement  shall  consist
of:
1.  An annuity which shall be the actuarial equivalent of the member's
accumulated contributions, plus
2.  A   pension   which   is   the   actuarial   equivalent   of   the
reserve-for-increased-take-home-pay  to which he or she may be entitled,
if any, plus
3. 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
three hundred sixty-four of this title.
f.  If  the  member, at the time of 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 applicant  for  accidental
disability retirement.
g.  For  purposes  of this section, the term "accident" shall have the
same meaning and be interpreted in the  same  manner  as  such  term  is
defined  and/or interpreted to mean in section three hundred sixty-three
of this title, as amended.
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, any condition or impairment of health caused
by  a  qualifying  condition  or  impairment  of  health  resulting   in
disability  to  a  member who participated in World Trade Center rescue,
recovery or cleanup operations for a minimum of  forty  hours  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. A member  shall  be  eligible  for  the
presumption  provided  for under this paragraph notwithstanding the fact
that the member did not participate in World Trade Center  recovery  and
cleanup  operations for a minimum of forty hours, provided that: (i) the
member participated in the rescue, recovery, or  cleanup  operations  at
the World Trade Center site between September eleventh, two thousand one
and  September  twelfth,  two  thousand one; (ii) the member sustained a
documented physical injury  at  the  World  Trade  Center  site  between
September eleventh, two thousand one and September twelfth, two thousand
one  that is a qualifying condition or impairment of health resulting in
disability to the member that prevented the member  from  continuing  to
participate in World Trade Center rescue, recovery or cleanup operations
for  a  minimum of forty hours; and (iii) the documented physical injury
that resulted in a disability to the member that  prevented  the  member
from continuing to participate in World Trade Center rescue, recovery or
cleanup  operations  for  a  minimum  of  forty  hours is the qualifying
condition or impairment of health which the member seeks to be  eligible
for the presumption provided for under this paragraph.
(b)  In  order  to  be eligible for the presumption provided for under
subparagraph (a) of this paragraph,  a  member  must  have  successfully
passed a physical examination for entry into public service which failed
to disclose evidence of the qualifying condition or impairment of health
that formed the basis for the disability.
(c)  For  purposes  of  this  subdivision,  "qualifying  condition  or
impairment of health" shall include:
(i) Diseases of the upper respiratory  tract  and  mucosae,  including
conditions  such  as  conjunctivitis,  rhinitis, sinusitis, pharyngitis,
laryngitis,  vocal  cord  disease,  upper  airway  hyper-reactivity  and
tracheo-bronchitis, or a combination of such conditions;
(ii)  Diseases  of  the  lower  respiratory  tract,  including but not
limited to bronchitis, asthma, reactive airway dysfunction syndrome, and
different types of pneumonitis, such as hypersensitivity, granulomatous,
or eosinophilic;
(iii) Diseases of the gastroesophageal  tract,  including  esophagitis
and  reflux  disease,  either  acute  or  chronic, caused by exposure or
aggravated by exposure;
(iv) Diseases of  the  psychological  axis,  including  post-traumatic
stress  disorder,  anxiety,  depression,  or  any  combination  of  such
conditions;
(v) Diseases of the skin such as contact dermatitis or  burns,  either
acute  or  chronic in nature, infectious, irritant, allergic, idiopathic

or non-specific reactive in nature, caused by exposure or aggravated  by
exposure; or
(vi) New onset diseases resulting from exposure as such diseases occur
in  the  future including cancer, chronic obstructive pulmonary disease,
asbestos-related disease, heavy metal poisoning, musculoskeletal disease
and chronic psychological disease;
(d) For purposes of this subdivision,  "participated  in  World  Trade
Center  rescue,  recovery  or  cleanup operations" shall mean any member
who:
(i) participated in the rescue, recovery, or clean  up  operations  at
the World Trade Center site between September eleventh, two thousand one
and September twelfth, two thousand two, or
(ii) worked at the Fresh Kills Land Fill in New York between September
eleventh, two thousand one and September twelfth, two thousand two, or
(iii)  worked  at  the New York city morgue or the temporary morgue on
pier locations on the west side of Manhattan between September eleventh,
two thousand one and September twelfth, two thousand two, or
(iv) manned the barges between the west  side  of  Manhattan  and  the
Fresh  Kills  Land  Fill  in  New  York  between September eleventh, two
thousand one and September twelfth, two thousand two. For  the  purposes
of this subdivision, "World Trade Center site" shall mean anywhere below
a  line  starting  from the Hudson River and Canal Street; east on Canal
Street to Pike Street; south on Pike  Street  to  the  East  River;  and
extending to the lower tip of Manhattan.
(e)  In  order  to be eligible for consideration for such presumption,
such member must file either a written  and  sworn  statement  with  the
member's  retirement  system  on  a  form provided by such system, or as
allowed by the  member's  retirement  system,  electronically  submit  a
statement  on  a  form  provided  by such system through a secure online
portal maintained by  the  member's  retirement  system  that  has  duly
validated  the  member's identity, indicating the dates and locations of
employment. Such statement must be  filed  not  later  than  four  years
following  the effective date of chapter one hundred four of the laws of
two thousand five.
(f) 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 for  a  minimum  of  forty
hours,  and  subsequently  retired  on a service retirement, an ordinary
disability retirement, a performance of duty disability retirement or  a
state  police  disability  retirement  pursuant to section three hundred
sixty-three-b of this title and subsequent to such retirement incurred a
disability caused by any  qualifying  condition  or  impairment  of  the
health  which  the  comptroller  determines  to have been caused by such
member's having participated in World Trade Center rescue,  recovery  or
cleanup operations for a minimum of forty hours, 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.  A  member  shall  be  eligible for the
presumption provided for under this paragraph notwithstanding  the  fact
that  the  member  did  not  participate  in  World Trade Center rescue,

recovery or cleanup operations for a minimum of  forty  hours,  provided
that:  (i)  the  member participated in the rescue, recovery, or cleanup
operations at the World Trade Center site  between  September  eleventh,
two  thousand  one  and  September  twelfth,  two thousand one; (ii) the
member sustained a documented physical injury at the World Trade  Center
site between September eleventh, two thousand one and September twelfth,
two  thousand one that is a qualifying condition or impairment of health
resulting in disability to the member that  prevented  the  member  from
continuing  to  participate  in  World  Trade Center rescue, recovery or
cleanup  operations  for  a  minimum  of  forty  hours;  and  (iii)  the
documented  physical  injury that resulted in a disability to the member
that prevented the member from continuing to participate in World  Trade
Center  rescue,  recovery  or  cleanup operations for a minimum of forty
hours is the qualifying condition or  impairment  of  health  which  the
member  seeks to be eligible for the presumption provided for under this
paragraph.
(b) The reclassification provided for  in  subparagraph  (a)  of  this
paragraph shall not be granted, unless:
(i)  the  member  files  either a written and sworn statement with the
member's retirement system on a form provided  by  such  system,  or  as
allowed  by  the  member's  retirement  system, electronically submits a
statement on a form provided by such  system  through  a  secure  online
portal  maintained  by  the  member's  retirement  system  that has duly
validated the member's identity, indicating the dates and  locations  of
employment within four years following the effective date of chapter one
hundred four of the laws of two thousand five; and
(ii)  the  member must have successfully passed a physical examination
for entry into public service which failed to disclose evidence  of  the
qualifying  condition  or impairment of health that formed the basis for
the disability.
(c) The comptroller shall consider a reclassification of the  member's
retirement  as  an  accidental disability retirement effective as of the
date of such reclassification.
(d) Such member's retirement option shall not be changed as  a  result
of such reclassification.
(e)  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.
(f) 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  condition  or
impairment of health, as defined in subparagraph (c) of paragraph one of
subdivision h of this section, that is determined by the applicable head
of the retirement system or applicable medical board to have been caused
by such retiree's  participation  in  the  World  Trade  Center  rescue,
recovery  or  cleanup  operations,  as  defined  in  subparagraph (d) of
paragraph one of subdivision h of this section, 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

three  hundred  sixty-one  of  this  title,  shall  be  entitled  to  an
accidental  death benefit as provided by section three hundred sixty-one
of this title, 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  three  hundred sixty-one of this title 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 condition or impairment of health, as defined in subparagraph
(c) of  paragraph  one  of  subdivision  h  of  this  section,  that  is
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
subparagraph (d) of paragraph one of subdivision h of this section, 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 three hundred sixty-one of  this  title,  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 three hundred sixty-one of this title.