§ 607-a. Performance of duty disability retirement.
a.Any security\nhospital treatment assistant, as that term is defined in subdivision i\nof section eighty-nine of this chapter, who becomes physically or\nmentally incapacitated for the performance of duties as the natural and\nproximate result, of an injury, sustained in the performance or\ndischarge of his or her duties by, or as the natural and proximate\nresult of, an act of any person confined in an institution under the\njurisdiction of the office of mental health, or by any person who has\nbeen committed to such institution by any court shall be paid a\nperformance of duty disability retirement allowance equal to that which\nis provided in section sixty-three of this chapter, subject to the\nprovisions of section sixty-four of t
Free access — add to your briefcase to read the full text and ask questions with AI
§ 607-a. Performance of duty disability retirement. a. Any security\nhospital treatment assistant, as that term is defined in subdivision i\nof section eighty-nine of this chapter, who becomes physically or\nmentally incapacitated for the performance of duties as the natural and\nproximate result, of an injury, sustained in the performance or\ndischarge of his or her duties by, or as the natural and proximate\nresult of, an act of any person confined in an institution under the\njurisdiction of the office of mental health, or by any person who has\nbeen committed to such institution by any court shall be paid a\nperformance of duty disability retirement allowance equal to that which\nis provided in section sixty-three of this chapter, subject to the\nprovisions of section sixty-four of this chapter.\n b. Notwithstanding any provision of this chapter or of any general or\nspecial law to the contrary, a member covered by this section who\ncontracts HIV (where there may have been an exposure to a bodily fluid\nof an incarcerated individual or a person described in subdivision a of\nthis section as a natural and proximate result of an act of any\nincarcerated individual or person described in such subdivision a that\nmay have involved transmission of a specified transmissible disease from\nan incarcerated individual or such person described in such subdivision\na to the retirement system member), tuberculosis or hepatitis will be\npresumed to have contracted such disease in the performance or discharge\nof his or her duties, and will be presumed to be disabled from the\nperformance of his or her duties, unless the contrary be proved by\ncompetent evidence.\n c. Notwithstanding any provision of this chapter or of any general or\nspecial law to the contrary, any condition of impairment of health\ncaused by diseases of the heart, resulting in disability or death to a\nmember covered by this section, presently employed and who shall have\nsustained such disability while so employed, who successfully passed a\nphysical examination on entry into service as a security hospital\ntreatment assistant, which examination failed to disclose evidence of\nany disease or other impairment of the heart, shall be presumptive\nevidence that it was incurred in the performance and discharge of duty,\nunless the contrary be proved by competent evidence.\n