2023 New York Laws › RSS - Retirement and Social Security › Article 15 - Coordinated Retirement Plan › 605-D - Accidental Disability Retirement for Chief Fire Marshals, Assistant Fire Marshals, Division Supervising Fire Marshals, Supervising Fire Marshals, Fire Marshals and Fire Marshal Trainees in Nassau County.

§  605-d.  Accidental  disability  retirement for chief fire marshals,
assistant fire marshals, division supervising fire marshals, supervising
fire marshals, fire marshals and fire marshal trainees in Nassau county.
a. A member employed as a  chief  fire  marshal,  assistant  chief  fire
marshal,  division  supervising  fire marshal, supervising fire marshal,
fire marshal or fire marshal trainee 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 chief fire marshals, assistant chief  fire  marshals,  division
supervising  fire marshals, supervising fire marshals, fire marshals and
fire marshal trainees in Nassau county who were hired on or  after  July
twenty-seventh, nineteen hundred seventy-six.