N.Y. Retirement & Social Security Law Section 507-F
Accidental disability retirement

  • Westchester county district attorney investigators
The county of Westchester may elect to make the benefits provided in this section available to criminal investigators, senior criminal investigators, deputy chief criminal investigators, and chief criminal investigators who are in the employ of the Westchester county district attorney.

a.

A member shall be entitled to an accidental disability retirement allowance if, at the time application therefor is filed, he or she is:

1.

Physically or mentally incapacitated for performance of duty as the natural and proximate result of an accident not caused by his or her own willful negligence sustained in such service and while actually a member of the retirement system, and

2.

Actually in service upon which his or her membership is based. However, in a case where a member is discontinued from service subsequent to the accident, either voluntarily or involuntarily, application may be made not later than two years after the member is first discontinued from service; and provided that the member meets the requirements of paragraph one of this subdivision.

b.

Application for an accidental disability retirement allowance for such a member may be made by:

1.

Such member, or

2.

The head of the department in which such member is employed, or

3.

A person acting on behalf of and authorized by such member.

c.

1. After the filing of such an application, such member shall be given one or more medical examinations. No such application shall be approved, however, unless the member or some other person on his or her behalf shall have filed written notice in the office of the comptroller within ninety days after the accident, setting forth:

(a)

The time when and the place where such accident occurred, and

(b)

The particulars thereof, and

(c)

The nature and extent of the member’s injuries, and

(d)

His or her alleged incapacity.

2.

The notice herein required need not be given:

(a)

If notice of such accident shall be filed in accordance with the provisions of the workers’ compensation law of any state within which a participating employer shall have its employees located or performing functions and duties within the normal scope of their employment, or

(b)

If the application for accidental disability retirement is filed within one year after the date of such accident, or

(c)

If a failure to file notice has been excused for good cause shown, as provided by rules and regulations promulgated by the comptroller.

d.

If the comptroller determines that the member is physically or mentally incapacitated for the performance of duty and ought to be retired for accidental disability, such member shall be so retired. Such retirement shall be effective as of a date approved by the comptroller.

e.

The retirement allowance payable upon accidental disability retirement shall consist of:

1.

An annuity which shall be the actuarial equivalent of the member’s accumulated contributions, plus 2. A pension which is the actuarial equivalent of the reserve-for-increased-take-home-pay to which he or she may be entitled, if any, plus 3. A pension of three-quarters of his or her final average salary. The payment of such pension shall be subject to the provisions of § 507-G (Payment of both pensions for accident and other benefits prohibited)section five hundred seven-g of this article.

f.

If the member, at the time of the filing of an application under the provisions of subdivision b of this section, is eligible for a service retirement benefit, then and in that event, he or she may simultaneously file an application for service retirement in accordance with the provisions of § 70 (Superannuation retirement)section seventy of this chapter; provided that the member indicates on the application for service retirement that such application is filed without prejudice to the application for accidental disability retirement.

Source: Section 507-F — Accidental disability retirement; Westchester county district attorney investigators, https://www.­nysenate.­gov/legislation/laws/RSS/507-F (updated Sep. 22, 2014; accessed Apr. 20, 2024).

500
Application 501
Definitions 502
Eligibility for service retirement benefits 503
Eligibility for normal and early service retirement benefits 504
Service retirement benefits 504‑A
Twenty-year retirement program for New York city correction members below the rank of captain 504‑B
Twenty-year retirement program for New York city correction members of the rank of captain or above 504‑C
Supplemental retirement allowance 504‑D
Twenty-year retirement program for New York city correction members 505
Service retirement benefits 506
Ordinary disability benefits 507
Accidental disability benefits 507‑A
Disability retirement 507‑B
Performance of duty disability retirement 507‑C
Performance of duty disability retirement 507‑D
Disability benefits 507‑E
Uniformed court officers and peace officers 507‑F
Accidental disability retirement 507‑G
Payment of both pensions for accident and other benefits prohibited 507‑H
Retirement for disability incurred in performance of duty 507‑I
Disability benefits 508
Death benefits 508‑A
Death benefit for vested members who die prior to retirement 508‑B
Death benefit for deputy sheriffs employed by Nassau county 508‑B*2
Death benefits for correction officers employed by Nassau county 508‑B*3
Death benefits for correction officers employed by Suffolk county 508‑B*4
Death benefits for deputy sheriffs employed by Suffolk county 508‑C
Death benefits for fire marshals employed by Nassau county 509
Accidental death benefits 509‑A
COVID-19 benefit 510
Escalation of benefits 511
Coordination with social security benefits 512
Final average salary 513
Credit for service 514
Options 515
Optional retirement program 516
Vesting 517
Member contributions 517‑A
Termination of membership 517‑B
Loans to members of a teachers’ retirement system 517‑C
Loans to members of certain retirement systems 518
Election of coverage under article 519
Effect of other laws 520
Duration
Green check means up to date. Up to date

Accessed:
Apr. 20, 2024

Last modified:
Sep. 22, 2014

§ 507-F’s source at nysenate​.gov

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