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

§ 607-c. Performance of duty disability benefit. a. Any sheriff,

deputy sheriff, undersheriff or correction officer as defined in

subdivision a of section sixty-three-b of this chapter, and who are

employed in a county which makes an election pursuant to subdivision d

of such section sixty-three-b, 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 any act of any

incarcerated individual or any person confined in an institution under

the jurisdiction of such county, 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 defined 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 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. 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 each 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 or a performance of duty disability

retirement and subsequent to such retirement 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 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 each retirement system is hereby authorized to

promulgate rules and regulations to implement the provisions of this

paragraph.

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 retiree who: (1) has met the criteria

of subdivision c 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

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 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 part. Such retiree'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 shall be deemed to have died on the date of such

retiree's 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 six hundred seven of this article

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.

e. 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 c 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, 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.

f. Any sheriff, deputy sheriff, undersheriff, or correction officer as

defined in subdivision a of section sixty-three-b of this chapter, and

who are employed in Westchester county, 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

intentional or reckless act of any civilian visiting, or otherwise

present at, an institution under the jurisdiction of such county, 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.

g. Any sheriff, deputy sheriff, undersheriff, or correction officer as

defined in subdivision a of section sixty-three-b of this chapter, and

who is employed in Nassau county, 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 intentional

or reckless act of any civilian visiting, or otherwise present at, an

institution under the jurisdiction of such county where such injury was

sustained and documented after the enactment of this section, 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. Notwithstanding any

other provision of law to the contrary, none of the provisions of this

subdivision shall be subject to section twenty-five of this chapter.