N.Y. Retirement & Social Security Law § 607-e: Accidental disability retirement; Westchester county district attorney investigators

§ 607-e. Accidental disability retirement; Westchester county district

attorney investigators. The county of Westchester may elect to make the

benefits provided in this section available to criminal investigators,

senior criminal investigators, deputy chief criminal investigators, and

chief criminal investigators who are in the employ of the Westchester

county district attorney.

a. A member shall be entitled to an accidental disability retirement

allowance if, at the time application therefor is filed, he or she 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 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,

application may be made not later than two years after the member is

first discontinued from service and provided that the member meets the

requirements of paragraph one of this subdivision.

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. A 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 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

(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 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

reserve-for-increased-take-home-pay to which he or she 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

six hundred seven-f of this article.

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.