N.Y. Retirement & Social Security Law § 63-a: Performance of duty disability retirement

§ 63-a. Performance of duty disability retirement. a. Any member in

the uniformed personnel in institutions under the jurisdiction of the

department of corrections and community supervision or a security

hospital treatment assistant, as those terms are defined in subdivision

i of section eighty-nine of this article, 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 incarcerated individual or any person confined in an

institution under the jurisdiction of the department of corrections and

community supervision or 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 title, subject to the

provisions of section sixty-four of this title.

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 subdivision a that may

have involved transmission of a specified transmissible disease from an

incarcerated individual or such person described in 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 correction officer or

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.

* NB Expired and repealed July 1, 2001. § 480 of Retirement and Social

Security Law extends disability benefits implemented by former § 63-c.