§ 63-E — Retirement for disability incurred in performance of duty; Westchester county district attorney investigators

§ 63-e. Retirement for disability incurred in performance of duty;\nWestchester county district attorney investigators. a. The county of\nWestchester may elect to make the benefits provided in this section\navailable to criminal investigators, senior criminal investigators,\ndeputy chief criminal investigators, and chief criminal investigators\nwho are in the employ of the Westchester county district attorney.\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 a 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 discontinued from service; and provided that the member meets\nthe requirements of subdivision a of this section and this subdivision.\n c. Application for retirement for disability incurred in performance\nof duty may be made by:\n 1. Such member, or\n 2. The head of the department in which such member is employed.\n d. After the filing of such an application, such member shall be given\none or more medical examinations. If the comptroller determines that the\nmember is physically or mentally incapacitated for the performance of\nduty pursuant to subdivision b of this section and ought to be retired,\nhe or she shall be so retired. Such retirement shall be effective as of\na date approved by the comptroller.\n e. 1. No such application shall be approved, however, unless the\nmember or some other person on his or her behalf shall have filed\nwritten notice in the office of the comptroller within ninety days after\nthe occurrence which is the basis for the disability incurred in the\nperformance of duty, setting forth:\n (a) The time, date, and 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) The alleged disability.\n 2. The notice herein required need not be given:\n (a) If notice of such occurrence shall be filed in accordance with the\nprovisions of the workers' compensation law of any state within which\nthe county of Westchester shall have its employees located or performing\nfunctions and duties within the normal scope of their employment, or\n (b) If the application for retirement for disability incurred in the\nperformance of duty is filed within one year after the date of the\noccurrence which forms the 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 3. Notwithstanding any other provision of law to the contrary, the\nprovisions of this subdivision shall apply to all occurrences before or\nafter the effective date of this section.\n f. The retirement allowance payable upon retirement for disability\nincurred in the performance of duty shall consist of 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 provisions 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; provided that\nthe member 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-three, sixty-four, five hundred seven-f, five hundred\nseven-g, six hundred seven-e, or six hundred seven-f of this chapter.\nAny 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 i. 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 j. Nothing in this section shall be deemed to preclude the\nsimultaneous filing of an application for benefits pursuant to any other\nsection of law nor the consideration of such application by the\nretirement system, including an accidental disability benefit pursuant\nto section sixty-three of this article.\n