N.Y. Retirement & Social Security Law § 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 thirty-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 such

retiree's or vestee's 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 such retiree's or vestee's 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.