N.Y. Retirement & Social Security Law § 607-a: Performance of duty disability retirement

§ 607-a. Performance of duty disability retirement. a. Any security

hospital treatment assistant, as that term is defined in subdivision i

of section eighty-nine of this chapter, who becomes physically or

mentally incapacitated for the performance of duties as the natural and

proximate result, of an injury, sustained in the performance or

discharge of his or her duties by, or as the natural and proximate

result of, an act of any person confined in an institution under the

jurisdiction of the office of mental health, or by any person who has

been committed to such institution by any court shall be paid a

performance of duty disability retirement allowance equal to that which

is provided in section sixty-three of this chapter, subject to the

provisions of section sixty-four of this chapter.

b. Notwithstanding any provision of this chapter or of any general or

special law to the contrary, a member covered by this section who

contracts HIV (where there may have been an exposure to a bodily fluid

of an incarcerated individual or a person described in subdivision a of

this section as a natural and proximate result of an act of any

incarcerated individual or person described in such subdivision a that

may have involved transmission of a specified transmissible disease from

an incarcerated individual or such person described in such subdivision

a to the retirement system member), tuberculosis or hepatitis will be

presumed to have contracted such disease in the performance or discharge

of his or her duties, and will be presumed to be disabled from the

performance of his or her duties, unless the contrary be proved by

competent evidence.

c. Notwithstanding any provision of this chapter or of any general or

special law to the contrary, any condition of impairment of health

caused by diseases of the heart, resulting in disability or death to a

member covered by this section, presently employed and who shall have

sustained such disability while so employed, who successfully passed a

physical examination on entry into service as a security hospital

treatment assistant, which examination failed to disclose evidence of

any disease or other impairment of the heart, shall be presumptive

evidence that it was incurred in the performance and discharge of duty,

unless the contrary be proved by competent evidence.