N.Y. Retirement & Social Security Law § 63-b: Performance of duty disability retirement; certain county employees

§ 63-b. Performance of duty disability retirement; certain county

employees. a. A member employed by a county shall be eligible for a

performance of duty disability retirement if the county elects to make

the benefits provided herein available, as provided for in subdivision d

of this section, and such member is a sheriff, deputy sheriff,

undersheriff or correction officer.

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

defined in subdivision a of this section, 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 such county, 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.

c. 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 b of

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

incarcerated individual or person described in such subdivision b that

may have involved transmission of a specified transmissible disease from

an incarcerated individual or person described in such subdivision b 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.

d. 1. Each county that elects pursuant to the provisions of this

subdivision shall pay the cost attributable therefor.

2. The performance of duty disability retirement as defined in

subdivisions b and c of this section shall be available only to

sheriffs, deputy sheriffs, undersheriffs and correction officers whose

employer elects to provide such benefits by adopting a resolution to

such effect and filing a certified copy thereof with the comptroller.

Such resolution shall be accompanied by the affidavit of the chief

executive officer of the county that the county has received an estimate

from the retirement system of the cost of the benefit provided by this

section.

3. Such resolution shall apply only to those members as defined in

subdivisions a and b of this section.