N.Y.
Retirement & Social Security Law Section 507-B
Performance of duty disability retirement
a.
Any member in the uniformed personnel in institutions under the jurisdiction of the department of corrections and community supervision or a security hospital treatment assistant, as those terms are defined in subdivision i of § 89 (Retirement of members in the uniformed personnel in institutions under the jurisdiction of the department of corrections and community su...)section eighty-nine of this chapter, who becomes physically or mentally incapacitated for the performance of duties as the natural and proximate result of an injury, sustained in the performance or discharge of his or her duties by, or as a natural and proximate result of, an act of any incarcerated individual or any person confined in an institution under the jurisdiction of the department of corrections and community supervision or office of mental health, or by any person who has been committed to such institution by any court shall be paid a performance of duty disability retirement allowance equal to that which is provided in § 63 (Accidental disability retirement)section sixty-three of this chapter, subject to the provisions of § 64 (Payment of both pensions for accident and other benefits prohibited)section sixty-four of this chapter.b.
Notwithstanding any provision of this chapter or of any general or special law to the contrary, a member covered by this section who contracts HIV (where there may have been an exposure to a bodily fluid of an incarcerated individual or a person described in subdivision a of this section as a natural and proximate result of an act of any incarcerated individual or person described in such subdivision a that may have involved transmission of a specified transmissible disease from an incarcerated individual or such person described in such subdivision a to the retirement system member), tuberculosis or hepatitis will be presumed to have contracted such disease in the performance or discharge of his or her duties, and will be presumed to be disabled from the performance of his or her duties, unless the contrary be proved by competent evidence.c.
Notwithstanding any provision of this chapter or of any general or special law to the contrary, any condition of impairment of health caused by diseases of the heart, resulting in disability or death to a member covered by this section, presently employed and who shall have sustained such disability while so employed, who successfully passed a physical examination on entry into service as a correction officer or security hospital treatment assistant, which examination failed to disclose evidence of any disease or other impairment of the heart, shall be presumptive evidence that it was incurred in the performance and discharge of duty, unless the contrary be proved by competent evidence.d.
1.(a)
Notwithstanding any provisions of this chapter or of any general, special or local law, charter, administrative code or rule or regulation to the contrary, if any condition or impairment of health is caused by a qualifying World Trade Center condition as defined in § 2 (Definitions)section two of this chapter, it shall be presumptive evidence that it was incurred in the performance and discharge of duty and the natural and proximate result of an accident not caused by such member’s own willful negligence, unless the contrary be proved by competent evidence.(b)
The comptroller is hereby authorized to promulgate rules and regulations to implement the provisions of this paragraph.2.
(a) Notwithstanding the provisions of this chapter or of any general, special or local law, charter, administrative code or rule or regulation to the contrary, if a member who participated in World Trade Center rescue, recovery or cleanup operations, as defined in § 2 (Definitions)section two of this chapter, and subsequently retired on a service retirement, an ordinary disability retirement or a performance of duty disability retirement and subsequent to such retirement is determined by the comptroller to have a qualifying World Trade Center condition, as defined in § 2 (Definitions)section two of this chapter, upon such determination by the comptroller it shall be presumed that such disability was incurred in the performance and discharge of duty as the natural and proximate result of an accident not caused by such member’s own willful negligence, and that the member would have been physically or mentally incapacitated for the performance and discharge of duty of the position from which he or she retired had the condition been known and fully developed at the time of the member’s retirement, unless the contrary is proven by competent evidence.(b)
The comptroller shall consider a reclassification of the member’s retirement as an accidental disability retirement effective as of the date of such reclassification.(c)
Such member’s retirement option shall not be changed as a result of such reclassification.(d)
The member’s former employer at the time of the member’s retirement shall have an opportunity to be heard on the member’s application for reclassification by the comptroller according to procedures developed by the comptroller.(e)
The comptroller is hereby authorized to promulgate rules and regulations to implement the provisions of this paragraph.e.
Notwithstanding any other provision of this chapter or of any general, special or local law, charter, administrative code or rule or regulation to the contrary, if a retiree who:1.
has met the criteria of subdivision d of this section and retired on a service or disability retirement, or would have met the criteria if not already retired on an accidental disability; and2.
has not been retired for more than twenty-five years; and3.
dies from a qualifying World Trade Center condition, as defined in § 2 (Definitions)section two of this chapter, as determined by the applicable head of the retirement system or applicable medical board, then unless the contrary be proven by competent evidence, such retiree shall be deemed to have died as a natural and proximate result of an accident sustained in the performance of duty and not as a result of willful negligence on his or her part. Such retiree’s eligible beneficiary, as set forth in § 501 (Definitions)section five hundred one of this article, shall be entitled to an accidental death benefit as provided by § 509 (Accidental death benefits)section five hundred nine of this article, however, for the purposes of determining the salary base upon which the accidental death benefit is calculated, the retiree shall be deemed to have died on the date of his or her retirement. Upon the retiree’s death, the eligible beneficiary shall make a written application to the head of the retirement system within the time for filing an application for an accidental death benefit as set forth in § 509 (Accidental death benefits)section five hundred nine of this article requesting conversion of such retiree’s service or disability retirement benefit to an accidental death benefit. At the time of such conversion, the eligible beneficiary shall relinquish all rights to the prospective benefits payable under the service or disability retirement benefit, including any post-retirement death benefits, since the retiree’s death. If the eligible beneficiary is not the only beneficiary receiving or entitled to receive a benefit under the service or disability retirement benefit (including, but not limited to, post-retirement death benefits or benefits paid or payable pursuant to the retiree’s option selection), the accidental death benefit payments to the eligible beneficiary shall be reduced by any amounts paid or payable to any other beneficiary.f.
Notwithstanding any other provision of this chapter or of any general, special or local law, charter, administrative code or rule or regulation to the contrary, if a member who: (1) has met the criteria of subdivision d of this section; and (2) dies in active service from a qualifying World Trade Center condition as defined in § 2 (Definitions)section two of this chapter, as determined by the applicable head of the retirement system or applicable medical board, then unless the contrary be proven by competent evidence, such member shall be deemed to have died as a natural and proximate result of an accident sustained in the performance of duty and not as a result of willful negligence on his or her part. Such member’s eligible beneficiary, as set forth in § 501 (Definitions)section five hundred one of this article, shall be entitled to an accidental death benefit provided he or she makes written application to the head of the retirement system within the time for filing an application for an accidental death benefit as set forth in § 509 (Accidental death benefits)section five hundred nine of this article.
Source:
Section 507-B — Performance of duty disability retirement, https://www.nysenate.gov/legislation/laws/RSS/507-B (updated Aug. 13, 2021; accessed Oct. 26, 2024).
