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 - Accidental Disability Retirement.

§ 363. Accidental disability retirement. a. A member shall be entitled
to  an  accidental  disability  retirement  allowance  if,  at  the time
application therefor is filed, he 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 police and fire retirement system, and
2. Actually in service upon which his 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, either (a) by a vested member incapacitated as
the result of a qualifying World Trade Center condition  as  defined  in
section two of this chapter at any time, or (b) not later than two years
after  the  member  is first discontinued from service. Provided further
that in the case of  an  application  filed  for  accidental  disability
benefits  pursuant to section three hundred sixty-three-d of this title,
the requirements for filing for such benefits shall be five years.
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. Some person acting on behalf of and authorized by such member.
c.  (a)  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 behalf
shall have filed written notice in the office of the comptroller  within
ninety days after the accident, setting forth:
1. The time when and the place where such accident occurred, and
2. The particulars thereof, and
3. The nature and extent of the member's injuries, and
4. His alleged incapacity.
(b) The notice herein required need not be given:
1.  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
2. If the application for accidental disability  retirement  is  filed
within one year after the date of such accident, or
3.  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  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
reserved-for-increased-take-home-pay  to  which  he  may be entitled, if
any, plus
3. A pension of  three-quarters  of  his  final  average  salary.  The
payment  of  such  pension shall be subject to the provisions of section
three hundred sixty-four of this article.
f. If the member, at the time of the filing of  an  application  under
the  provisions  of  subdivision  b  hereof,  is  eligible for a service
retirement benefit, then and in that event, he 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. 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  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, as defined in section two
of  this  chapter,  and subsequently retired on a service retirement, an
ordinary disability retirement  or  a  performance  of  duty  disability
retirement  and  subsequent  to  such  retirement  is  determined by the
comptroller to have  a  qualifying  World  Trade  Center  condition,  as
defined  in  section two of this chapter, 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.
(b) The comptroller shall consider a reclassification of the  member's
retirement  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  comptroller  according  to
procedures developed by the comptroller.
(e) The comptroller is  hereby  authorized  to  promulgate  rules  and
regulations to implement the provisions of this paragraph.
h.  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 g 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 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  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.
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 member who: (1) has met the criteria of
subdivision  g  of  this  section; and (2) dies in active service 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
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.