§ 607-C — Performance of duty disability benefit

§ 607-c. Performance of duty disability benefit. a. Any sheriff,\ndeputy sheriff, undersheriff or correction officer as defined in\nsubdivision a of section sixty-three-b of this chapter, and who are\nemployed in a county which makes an election pursuant to subdivision d\nof such section sixty-three-b, who becomes physically or mentally\nincapacitated for the performance of duties as the natural and proximate\nresult of an injury, sustained in the performance or discharge of his or\nher duties by, or as the natural and proximate result of any act of any\nincarcerated individual or any person confined in an institution under\nthe jurisdiction of such county, shall be paid a performance of duty\ndisability retirement allowance equal to that which is provided in\nsection sixty-three of this chapter, subject to the provisions of\nsection 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 defined 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 person described in such subdivision a to\nthe 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. 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 head of each retirement system is hereby authorized to\npromulgate rules and regulations to implement the provisions of this\nparagraph.\n 2. (a) 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 head\nof the retirement system to have a qualifying World Trade Center\ncondition, as defined in section two of this chapter, upon such\ndetermination by the head of the retirement system it shall be presumed\nthat such disability was incurred in the performance and discharge of\nduty as the natural and proximate result of an accident not caused by\nsuch member's own willful negligence, and that the member would have\nbeen physically or mentally incapacitated for the performance and\ndischarge of duty of the position from which he or she retired had the\ncondition been known and fully developed at the time of the member's\nretirement, unless the contrary is proven by competent evidence.\n (b) The head of the retirement system shall consider a\nreclassification of the member's retirement as an accidental disability\nretirement effective as of the date of such reclassification.\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 head of the retirement system\naccording to procedures developed by the comptroller.\n (e) The head of each retirement system is hereby authorized to\npromulgate rules and regulations to implement the provisions of this\nparagraph.\n d. 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 c 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 six hundred one of this article,\nshall be entitled to an accidental death benefit as provided by section\nsix hundred seven 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 six hundred seven 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 e. 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 c 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, then unless the contrary be proven\nby competent evidence, such member shall be deemed to have died as a\nnatural and proximate result of an accident sustained in the performance\nof duty and not as a result of willful negligence on his or her part.\nSuch member's eligible beneficiary, as set forth in section six hundred\none of this article, shall be entitled to an accidental death benefit\nprovided he or she makes written application to the head of the\nretirement system within the time for filing an application for an\naccidental death benefit as set forth in section six hundred seven of\nthis article.\n f. Any sheriff, deputy sheriff, undersheriff, or correction officer as\ndefined in subdivision a of section sixty-three-b of this chapter, and\nwho are employed in Westchester county, 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 discharge\nof his or her duties by, or as the natural and proximate result of an\nintentional or reckless act of any civilian visiting, or otherwise\npresent at, an institution under the jurisdiction of such county, shall\nbe paid a performance of duty disability retirement allowance equal to\nthat which is provided in section sixty-three of this chapter, subject\nto the provisions of section sixty-four of this chapter.\n g. Any sheriff, deputy sheriff, undersheriff, or correction officer as\ndefined in subdivision a of section sixty-three-b of this chapter, and\nwho is employed in Nassau county, who becomes physically or mentally\nincapacitated for the performance of duties as the natural and proximate\nresult of an injury, sustained in the performance or discharge of his or\nher duties by, or as the natural and proximate result of an intentional\nor reckless act of any civilian visiting, or otherwise present at, an\ninstitution under the jurisdiction of such county where such injury was\nsustained and documented after the enactment of this section, shall be\npaid a performance of duty disability retirement allowance equal to that\nwhich is provided in section sixty-three of this chapter, subject to the\nprovisions of section sixty-four of this chapter. Notwithstanding any\nother provision of law to the contrary, none of the provisions of this\nsubdivision shall be subject to section twenty-five of this chapter.\n