§ 607-J*2 — Performance of duty disability retirement benefits for certain first responders in Nassau county

* § 607-j. Performance of duty disability retirement benefits for\ncertain first responders in Nassau county. a. The county of Nassau shall\nmake the benefits provided herein available to the following employee\ntitles in the employ of Nassau county: police medic; police medic\nsupervisor; police medic coordinator; bureau director emergency\nambulance; and deputy bureau director emergency ambulance.\n b. A member shall be entitled to retirement for disability incurred in\nthe performance of duty if, at the time application therefor is filed,\nhe or she is:\n 1. Physically or mentally incapacitated for performance of duty as the\nnatural and proximate result of a disability not caused by his or her\nown willful negligence sustained in such service and while actually a\nmember of the retirement system; and\n 2. Actually in service upon which his or her membership is based.\nHowever, in the case where a member is discontinued from service, either\nvoluntarily, or involuntarily, subsequent to sustaining a disability in\nsuch service, application may be made not later than two years after the\nmember is first discontinued from service; and provided that the member\nmeets the requirements of subdivision a of this section and this\nsubdivision.\n c. Application for a performance of duty disability retirement\nallowance for such 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. Any person acting on behalf of and authorized by such member.\n d. 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 occurrence which is the basis for the\ndisability incurred in the performance of duty, setting forth:\n (a) The time when and the place of such occurrence; 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 disability.\n 2. The notice herein required need not be given:\n (a) If the notice of such accident shall be filed in accordance with\nthe provisions of the workers' compensation law of any state within\nwhich a participating employer in Nassau county shall have its employees\nlocated or performing functions and duties within the normal scope of\ntheir employment; or\n (b) If the application for performance of duty disability retirement\nis filed within one year after the date of the occurrence which forms\nthe basis for the application; 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 e. If the comptroller determines that the member is physically or\nmentally incapacitated for the performance of duty pursuant to\nsubdivision b of this section and ought to be retired, such member shall\nbe so retired. Such retirement shall be effective as of a date approved\nby the comptroller.\n f. The annual retirement allowance payable upon retirement for\ndisability incurred in the performance of duty shall be a pension of\none-half of his or her final average salary plus an annuity which shall\nbe the actuarial equivalent of the member's accumulated contributions,\nif any.\n g. If the member, at the time of the filing of an application under\nthe provision of subdivision c 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 provision of section seventy of this chapter, provided that the\nmember indicates on the application for service retirement that such\napplication is filed without prejudice to the application for the\nretirement for disability incurred in performance of duty.\n h. Any benefit provided pursuant to this section shall not be\nconsidered as an accidental disability benefit within the meaning of\nsection sixty-four of this chapter.\n i. Any benefit payable pursuant to the workers' compensation law to a\nmember receiving a disability allowance pursuant to this section shall\nbe in addition to such retirement for disability incurred in performance\nof duty allowance.\n j. A final determination of the comptroller that the member is not\nentitled to retirement benefits pursuant to this section shall not in\nany respect be, or constitute, a determination with regard to benefits\npayable pursuant to section two hundred seven-c of the general municipal\nlaw.\n * NB There are 3 § 607-j's\n