§ 607-E — Accidental disability retirement; Westchester county district attorney investigators

§ 607-e. Accidental disability retirement; Westchester county district\nattorney investigators. The county of Westchester may elect to make the\nbenefits provided in this section available to criminal investigators,\nsenior criminal investigators, deputy chief criminal investigators, and\nchief criminal investigators who are in the employ of the Westchester\ncounty district attorney.\n a. A member shall be entitled to an accidental disability retirement\nallowance if, at the time application therefor is filed, he or she is:\n 1. Physically or mentally incapacitated for performance of duty as the\nnatural and proximate result of an accident not caused by his or her own\nwillful negligence sustained in such service and while actually a member\nof the retirement system, and\n 2. Actually in service upon which his or her membership is based.\nHowever, in a case where a member is discontinued from service\nsubsequent to the accident, either voluntarily or involuntarily,\napplication may be made not later than two years after the member is\nfirst discontinued from service and provided that the member meets the\nrequirements of paragraph one of this subdivision.\n b. Application for an accidental disability retirement allowance for\nsuch a member may be made by:\n 1. Such member, or\n 2. The head of the department in which such member is employed, or\n 3. A person acting on behalf of and authorized by such member.\n c. 1. After the filing of such an application, such member shall be\ngiven one or more medical examinations. No such application shall be\napproved, however, unless the member or some other person on his or her\nbehalf shall have filed written notice in the office of the comptroller\nwithin ninety days after the accident, setting forth:\n (a) The time when and the place where such accident occurred, and\n (b) The particulars thereof, and\n (c) The nature and extent of the member's injuries, and\n (d) His or her alleged incapacity.\n 2. The notice herein required need not be given:\n (a) If notice of such accident shall be filed in accordance with the\nprovisions of the workers' compensation law of any state within which a\nparticipating employer shall have its employees located or performing\nfunctions and duties within the normal scope of their employment, or\n (b) If the application for accidental disability retirement is filed\nwithin one year after the date of such accident, or\n (c) If a failure to file notice has been excused for good cause shown,\nas provided by rules and regulations promulgated by the comptroller.\n d. If the comptroller determines that the member is physically or\nmentally incapacitated for the performance of duty and ought to be\nretired for accidental disability, such member shall be so retired. Such\nretirement shall be effective as of a date approved by the comptroller.\n e. The retirement allowance payable upon accidental disability\nretirement shall consist of:\n 1. An annuity which shall be the actuarial equivalent of the member's\naccumulated contributions, plus\n 2. A pension which is the actuarial equivalent of the\nreserve-for-increased-take-home-pay to which he or she may be entitled,\nif any, plus\n 3. A pension of three-quarters of his final average salary. The\npayment of such pension shall be subject to the provisions of section\nsix hundred seven-f of this article.\n f. If the member, at the time of the filing of an application under\nthe provisions of subdivision b of this section, is eligible for a\nservice retirement benefit, then and in that event, he or she may\nsimultaneously file an application for service retirement in accordance\nwith the provisions of section seventy of this chapter; provided that\nthe member indicates on the application for service retirement that such\napplication is filed without prejudice to the application for accidental\ndisability retirement.\n