N.Y. Retirement & Social Security Law § 607-j*2: Performance of duty disability retirement benefits for certain first responders in Nassau county

* § 607-j. Performance of duty disability retirement benefits for

certain first responders in Nassau county. a. The county of Nassau shall

make the benefits provided herein available to the following employee

titles in the employ of Nassau county: police medic; police medic

supervisor; police medic coordinator; bureau director emergency

ambulance; and deputy bureau director emergency ambulance.

b. A member shall be entitled to retirement for disability incurred in

the performance of duty 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 a disability 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 the case where a member is discontinued from service, either

voluntarily, or involuntarily, subsequent to sustaining a disability in

such service, 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 subdivision a of this section and this

subdivision.

c. Application for a performance of duty 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. Any person acting on behalf of and authorized by such member.

d. 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 occurrence which is the basis for the

disability incurred in the performance of duty, setting forth:

(a) The time when and the place of such occurrence; and

(b) The particulars thereof; and

(c) The nature and extent of the member's injuries; and

(d) His or her alleged disability.

2. The notice herein required need not be given:

(a) If the 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 in Nassau county shall have its employees

located or performing functions and duties within the normal scope of

their employment; or

(b) If the application for performance of duty disability retirement

is filed within one year after the date of the occurrence which forms

the basis for the application; 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.

e. If the comptroller determines that the member is physically or

mentally incapacitated for the performance of duty pursuant to

subdivision b of this section and ought to be retired, such member shall

be so retired. Such retirement shall be effective as of a date approved

by the comptroller.

f. The annual retirement allowance payable upon retirement for

disability incurred in the performance of duty shall be a pension of

one-half of his or her final average salary plus an annuity which shall

be the actuarial equivalent of the member's accumulated contributions,

if any.

g. If the member, at the time of the filing of an application under

the provision of subdivision c 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 provision 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 the

retirement for disability incurred in performance of duty.

h. Any benefit provided pursuant to this section shall not be

considered as an accidental disability benefit within the meaning of

section sixty-four of this chapter.

i. Any benefit payable pursuant to the workers' compensation law to a

member receiving a disability allowance pursuant to this section shall

be in addition to such retirement for disability incurred in performance

of duty allowance.

j. A final determination of the comptroller that the member is not

entitled to retirement benefits pursuant to this section shall not in

any respect be, or constitute, a determination with regard to benefits

payable pursuant to section two hundred seven-c of the general municipal

law.

* NB There are 3 § 607-j's