§ 507 — Accidental disability benefits

New York § 507

• Jurisdiction: New York
• Law RSS: Retirement & Social Security
• Art. 14: Coordinated-escalator Retirement Plan

Text

§ 507. Accidental disability benefits. a. A member in active service,\nor a vested member incapacitated as the result of a qualifying World\nTrade Center condition as defined in section two of this chapter, who is\nnot eligible for a normal service retirement benefit shall be eligible\nfor the accidental disability benefit described in subdivision c of this\nsection if such member has been determined to be eligible for primary\nsocial security disability benefits and was disabled as the natural and\nproximate result of an accident sustained in such active service and not\ncaused by such member's own willful negligence; provided, however, that\nno member of the New York state teachers' retirement system, the New\nYork city employees' retirement system, the New York city board of\neducation retirement system, the New York city teachers' retirement\nsystem or the New York state and local employees' retirement system who\nis otherwise eligible for accidental disability benefits pursuant to\nthis section shall be deemed to be ineligible for such benefits because\nsuch member is eligible for a normal service retirement benefit.\n b. A police/fire member in active service, a New York city uniformed\ncorrection/sanitation revised plan member in active service or an\ninvestigator revised plan member in active service, or a vested member\nincapacitated as the result of a qualifying World Trade Center condition\nas defined in section two of this chapter, who is not eligible for a\nnormal service retirement benefit shall be eligible for the accidental\ndisability benefit either as provided in subdivision a of this section\nor if such member is physically or mentally incapacitated for\nperformance of duty as the natural and proximate result of an accident\nsustained in such active service and not caused by such member's own\nwillful negligence.\n c. 1. In the case of a member of a retirement system other than the\nNew York state and local employees' retirement system, the New York\nstate teachers' retirement system, the New York city employees'\nretirement system, the New York city board of education retirement\nsystem or the New York city teachers' retirement system, or in the case\nof a member of the New York city employees' retirement system who is a\nNew York city uniformed correction/sanitation revised plan member or an\ninvestigator revised plan member, the accidental disability benefit\nhereunder shall be a pension equal to two percent of final average\nsalary times years of credited service which such member would have\nattained if employment had continued until such member's full escalation\ndate, not in excess of the maximum years of service creditable for the\nnormal service retirement benefit, less (i) fifty percent of the primary\nsocial security disability benefit, if any, as provided in section five\nhundred eleven of this article, and (ii) one hundred percent of any\nworkers' compensation benefits payable. The provisions of this paragraph\nshall not apply to New York city enhanced plan members.\n 2. In the case of a member of the New York state and local employees'\nretirement system, the New York state teachers' retirement system, the\nNew York city employees' retirement system (other than a New York city\nuniformed correction/sanitation revised plan member or an investigator\nrevised plan member), the New York city board of education retirement\nsystem or the New York city teachers' retirement system, the accidental\ndisability benefit hereunder shall be a pension equal to sixty percent\nof final average salary, less (i) fifty percent of the primary social\nsecurity disability benefit, if any, as provided in section five hundred\neleven of this article, and (ii) one hundred percent of any workers'\ncompensation benefits payable. In the event a disability retiree from\nany retirement system is not eligible for the primary social security\ndisability benefit and continues to be eligible for disability benefits\nhereunder, such disability benefit shall be reduced by one-half of such\nretiree's primary social security retirement benefit, commencing at age\nsixty-two, in the same manner as provided for service retirement\nbenefits under section five hundred eleven of this article.\n 3. In the case of a New York city enhanced plan member, the accidental\ndisability benefit hereunder shall be a pension equal to seventy-five\npercent of final average salary, less one hundred percent of any\nworkers' compensation benefits payable.\n d. If a member shall cease to be eligible for primary social security\nbenefits before attaining age sixty-five, or, if receipt of social\nsecurity benefits is not a condition for disability benefits hereunder,\nshall engage in such employment or business activity as would render\nsuch member ineligible for social security disability benefits (had he\nor she otherwise been eligible), benefits hereunder shall cease.\nProvided, however, if such member is otherwise eligible, the state civil\nservice department or appropriate municipal commission shall place the\nname of such person, as a preferred eligible, on the appropriate\neligible lists prepared by it for positions for which such person is\nstated to be qualified in a salary grade not exceeding that from which\nsuch person retired. In such event, disability benefits shall be\ncontinued for such member until such member first shall be offered a\nposition in public service at such salary grade.\n e. A member, except a New York city enhanced plan member, shall not be\neligible to apply for disability benefits under section five hundred six\nor this section unless such member shall, at the time of application,\nsign a waiver prepared by the retirement system and approved by the\nadministrative head of such system pursuant to which such member agrees\nto waive the benefits of any statutory presumption relating to the cause\nof disability or eligibility for disability benefits, and a\ndetermination of eligibility for benefits hereunder shall be made\nwithout regard to any such statutory provision.\n f. If disability benefits hereunder are conditioned upon eligibility\nfor receipt of primary social security disability benefits, benefits\nhereunder shall commence at the time that primary social security\ndisability benefits commence. If disability benefits hereunder are not\nconditioned upon eligibility for receipt of primary social security\ndisability benefits, benefits hereunder shall commence as of the date of\ndisability retirement.\n g. 1. (a) Notwithstanding any provisions of this chapter or of any\ngeneral, special or local law, charter, administrative code or rule or\nregulation to the contrary, if any condition or impairment of health is\ncaused by a qualifying World Trade Center condition as defined in\nsection two of this chapter, it shall be presumptive evidence that it\nwas incurred in the performance and discharge of duty and the natural\nand proximate result of an accident not caused by such member's own\nwillful negligence, unless the contrary be proved by competent evidence.\n (b) The comptroller or applicable retirement system board of trustees\nare hereby authorized to promulgate rules and regulations for their\nrespective retirement systems to implement the provisions of this\nparagraph.\n 2. (a)(1) Notwithstanding the provisions of this chapter or of any\ngeneral, special or local law, charter, administrative code or rule or\nregulation to the contrary, if a member who participated in World Trade\nCenter rescue, recovery or cleanup operations, as defined in section two\nof this chapter, and subsequently retired on a service retirement, an\nordinary disability retirement or a performance of duty disability\nretirement and subsequent to such retirement is determined by the\ncomptroller or applicable retirement system board of trustees to have a\nqualifying World Trade Center condition, as defined in section two of\nthis chapter, upon such determination by the comptroller it shall be\npresumed that such disability was incurred in the performance and\ndischarge of duty as the natural and proximate result of an accident not\ncaused by such member's own willful negligence, and that the member\nwould have been physically or mentally incapacitated for the performance\nand discharge of duty of the position from which he or she retired had\nthe condition been known and fully developed at the time of the member's\nretirement, unless the contrary is proven by competent evidence.\n (b) The comptroller or applicable retirement system board of trustees\nshall consider a reclassification of the member's retirement as an\naccidental disability retirement effective as of the date of such\nreclassification.\n (c) Such member's retirement option shall not be changed as a result\nof such reclassification.\n (d) The member's former employer at the time of the member's\nretirement shall have an opportunity to be heard on the member's\napplication for reclassification by the comptroller or applicable\nretirement system board of trustees according to procedures developed by\nthe comptroller or applicable retirement system board of trustees.\n (e) The comptroller or applicable retirement system board of trustees\nis hereby authorized to promulgate rules and regulations for their\nrespective retirement systems to implement the provisions of this\nparagraph.\n h. Notwithstanding any other provision of this chapter or of any\ngeneral, special or local law, charter, administrative code or rule or\nregulation to the contrary, if a retiree who: (1) has met the criteria\nof subdivision g of this section and retired on a service or disability\nretirement, or would have met the criteria if not already retired on an\naccidental disability; and (2) has not been retired for more than\ntwenty-five years; and (3) dies from a qualifying World Trade Center\ncondition, as defined in section two of this chapter, as determined by\nthe applicable head of the retirement system or applicable medical\nboard, then unless the contrary be proven by competent evidence, such\nretiree shall be deemed to have died as a natural and proximate result\nof an accident sustained in the performance of duty and not as a result\nof willful negligence on his or her part. Such retiree's eligible\nbeneficiary, as set forth in section five hundred one of this article,\nshall be entitled to an accidental death benefit as provided by section\nfive hundred nine of this article, however, for the purposes of\ndetermining the salary base upon which the accidental death benefit is\ncalculated, the retiree shall be deemed to have died on the date of his\nor her retirement. Upon the retiree's death, the eligible beneficiary\nshall make a written application to the head of the retirement system\nwithin the time for filing an application for an accidental death\nbenefit as set forth in section five hundred nine of this article\nrequesting conversion of such retiree's service or disability retirement\nbenefit to an accidental death benefit. At the time of such conversion,\nthe eligible beneficiary shall relinquish all rights to the prospective\nbenefits payable under the service or disability retirement benefit,\nincluding any post-retirement death benefits, since the retiree's death.\nIf the eligible beneficiary is not the only beneficiary receiving or\nentitled to receive a benefit under the service or disability retirement\nbenefit (including, but not limited to, post-retirement death benefits\nor benefits paid or payable pursuant to the retiree's option selection),\nthe accidental death benefit payments to the eligible beneficiary will\nbe reduced by any amounts paid or payable to any other beneficiary.\n h-1. Notwithstanding any other law, rule or regulation to the\ncontrary, any member who had an active membership in the New York state\nand local employees' retirement system or the New York state teachers'\nretirement system, when such member participated in World Trade Center\nrescue, recovery, or cleanup operations, as such participation is\ndefined in section two of this chapter, who incurred a qualifying World\nTrade Center condition, as defined in section two of this chapter, that\nis determined to have been incurred in the performance and discharge of\nduty and is the natural and proximate result of an accident not caused\nby such member's own willful negligence, shall be paid a performance of\nduty disability retirement allowance equal to three-quarters of final\naverage salary. The payment of such pension shall be subject to the\nprovisions of section sixty-four of this chapter.\n i. Notwithstanding any other provision of this chapter or of any\ngeneral, special or local law, charter, administrative code or rule or\nregulation to the contrary, if a member who: (1) has met the criteria of\nsubdivision g of this section; and (2) dies in active service from a\nqualifying World Trade Center condition, as defined in section two of\nthis chapter, as determined by the applicable head of the retirement\nsystem or applicable medical board to have been caused by such member's\nparticipation in the World Trade Center rescue, recovery or cleanup\noperations, as defined in section two of this chapter, then unless the\ncontrary be proven by competent evidence, such member shall be deemed to\nhave died as a natural and proximate result of an accident sustained in\nthe performance of duty and not as a result of willful negligence on his\nor her part. Such member's eligible beneficiary, as set forth in section\nfive hundred one of this article, shall be entitled to an accidental\ndeath benefit provided he or she makes written application to the head\nof the retirement system within the time for filing an application for\nan accidental death benefit as set forth in section five hundred nine of\nthis article.\n j. Notwithstanding any inconsistent provision of this chapter or any\nlaw, any condition of impairment of health caused by diseases of the\nlung, resulting in disability or death to a member of the New York city\nfire department pension fund who is a New York city enhanced plan\nmember, who successfully passed a physical examination on entry into\nservice as a firefighter, which examination failed to disclose evidence\nof any disease or other impairment of the lung, shall be presumptive\nevidence that it was incurred in the performance and discharge of duty,\nunless the contrary be proved by competent evidence.\n