N.Y. Retirement & Social Security Law Section 507-H
Retirement for disability incurred in performance of duty

  • Westchester county district attorney investigators

a.

The county of Westchester may elect to make the benefits provided herein 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.

b.

A member shall be entitled to retirement for disability incurred in the performance of duty 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 a disability 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, either voluntarily or involuntarily, subsequent to sustaining a disability in such service, application may be made not later than two years after the member is discontinued from service; and provided that the member meets the requirements of subdivision a of this section and this subdivision.

c.

Application for retirement for disability incurred in performance of duty may be made by:

1.

Such member, or

2.

The head of the department in which such member is employed.

d.

After the filing of such an application, such member shall be given one or more medical examinations. If the comptroller determines that the member is physically or mentally incapacitated for the performance of duty pursuant to subdivision b of this section and ought to be retired, he or she shall be so retired. Such retirement shall be effective as of a date approved by the comptroller.

e.

1. 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 occurrence which is the basis for the disability incurred in the performance of duty, setting forth:

(a)

The time, date, and place of such occurrence, and

(b)

The particulars thereof, and

(c)

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

(d)

The alleged disability.

2.

The notice herein required need not be given:

(a)

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

(b)

If the application for retirement for disability incurred in the performance of duty is filed within one year after the date of the occurrence which forms the basis for the application, 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.

3.

Notwithstanding any other provision of law to the contrary, the provisions of this subdivision shall apply to all occurrences before or after the effective date of this section.

f.

The retirement allowance payable upon retirement for disability incurred in the performance of duty shall consist of a pension of one-half of his or her final average salary plus an annuity which shall be the actuarial equivalent of the member’s accumulated contributions, if any.

g.

If the member, at the time of the filing of an application under the provisions of subdivision c 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; provided that the member indicates on the application for service retirement that such application is filed without prejudice to the application for the retirement for disability incurred in performance of duty.

h.

Any benefit provided pursuant to this section shall not be considered as an accidental disability benefit within the meaning of section sixty-three, sixty-four, five hundred seven-f, five hundred seven-g, six hundred seven-e, or six hundred seven-f of this chapter.

i.

Any benefit payable pursuant to the workers’ compensation law to a member receiving a disability allowance pursuant to this section shall be in addition to such retirement for disability incurred in performance of duty allowance.

j.

A final determination of the comptroller that the member is not entitled to retirement benefits pursuant to this section shall not in any respect be, or constitute, a determination with regard to benefits payable pursuant to General Municipal Law § 207-C (Payment of salary, wages, medical and hospital expenses of police officers with injuries or illness incurred in the performance of duties)section two hundred seven-c of the general municipal law.

k.

Nothing in this section shall be deemed to preclude the simultaneous filing of an application for benefits pursuant to any other section of law nor the consideration of such application by the retirement system, including an accidental disability benefit pursuant to § 507-F (Accidental disability retirement)section five hundred seven-f of this article.

Source: Section 507-H — Retirement for disability incurred in performance of duty; Westchester county district attorney investigators, https://www.­nysenate.­gov/legislation/laws/RSS/507-H (updated Sep. 22, 2014; accessed Mar. 23, 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

Accessed:
Mar. 23, 2024

Last modified:
Sep. 22, 2014

§ 507-H’s source at nysenate​.gov

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