§ 63-B — Performance of duty disability retirement; certain county employees

§ 63-b. Performance of duty disability retirement; certain county\nemployees. a. A member employed by a county shall be eligible for a\nperformance of duty disability retirement if the county elects to make\nthe benefits provided herein available, as provided for in subdivision d\nof this section, and such member is a sheriff, deputy sheriff,\nundersheriff or correction officer.\n b. Any sheriff, deputy sheriff, undersheriff, or correction officer as\ndefined in subdivision a of this section, 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\nact of any incarcerated individual or any person confined in an\ninstitution under the jurisdiction of such county, shall be paid a\nperformance of duty disability retirement allowance equal to that which\nis provided in section sixty-three of this title, subject to the\nprovisions of section sixty-four of this title.\n c. 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 b of\nthis section as a natural and proximate result of an act of any\nincarcerated individual or person described in such subdivision b that\nmay have involved transmission of a specified transmissible disease from\nan incarcerated individual or person described in such subdivision b 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 d. 1. Each county that elects pursuant to the provisions of this\nsubdivision shall pay the cost attributable therefor.\n 2. The performance of duty disability retirement as defined in\nsubdivisions b and c of this section shall be available only to\nsheriffs, deputy sheriffs, undersheriffs and correction officers whose\nemployer elects to provide such benefits by adopting a resolution to\nsuch effect and filing a certified copy thereof with the comptroller.\nSuch resolution shall be accompanied by the affidavit of the chief\nexecutive officer of the county that the county has received an estimate\nfrom the retirement system of the cost of the benefit provided by this\nsection.\n 3. Such resolution shall apply only to those members as defined in\nsubdivisions a and b of this section.\n