N.Y. RSS. LAW § 607-b : NY Code - Section 607-B: Performance of duty disability retirement

Search N.Y. RSS. LAW § 607-b : NY Code - Section 607-B: Performance of duty disability retirement

a. Any member of
  the  New  York  city employees' retirement system who is employed by the
  city of New York or by the New York city health and hospital corporation
  in the position of emergency medical technician  or  advanced  emergency
  medical technician, as those terms are defined in section three thousand
  one  of  the  public  health  law,  who,  on or after March seventeenth,
  nineteen   hundred   ninety-six,   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  shall  be  paid a performance of duty disability retirement
  allowance equal to three-quarters of final average  salary,  subject  to
  the  provisions  of  subdivision  c  of section six hundred five of this
  article and section 13-176 of the administrative code of the city of New
  York. Any member who has made application or who,  after  the  effective
  date  of the chapter of the laws of two thousand four which amended this
  subdivision, makes application for  such  performance  of  duty  pension
  shall be entitled to invoke the medical review procedure provided for in
  subdivision  e  of  section six hundred five of this article, subject to
  the terms and conditions set forth in such subdivision.
    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 the member may have been exposed to a bodily  fluid
  of  a  person  under  his  or her care or treatment, or while the member
  examined, transported or otherwise had contact with such person, in  the
  performance  of  his  or  her duties) tuberculosis or hepatitis, will be
  presumed to have contracted such disease in the performance or discharge
  of his or her  duties,  unless  the  contrary  be  proved  by  competent
  evidence.
    c.  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
  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 head  of  each  retirement  system  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 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 section two of this chapter, upon such determination  by  the
  head of the retirement system, 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   head   of   the   retirement   system   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  NYCERS  board  of  trustees
  according to procedures developed by the NYCERS board of trustees.
    (e)  The  head  of  each  retirement  system  is  hereby authorized to
  promulgate rules and regulations to implement  the  provisions  of  this
  paragraph.
    d.  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 c 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; and (2)  has  not  been  retired  for  more  than
  twenty-five  years;  and  (3)  dies from a qualifying World Trade Center
  condition, as defined in 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 section six hundred one  of  this  article,
  shall  be entitled to an accidental death benefit as provided by section
  six hundred  seven  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  section  six  hundred  seven  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  will
  be reduced by any amounts paid or payable to any other beneficiary.
    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 member who: (1) has met the criteria of
  subdivision  c  of  this  section; and (2) dies in active service from a
  qualifying World Trade Center condition, as defined in  section  two  of
  this  chapter,  as  determined  by the applicable head of the retirement
  system or applicable medical board to have been caused by such  member's
  participation  in  the  World  Trade  Center rescue, recovery or cleanup
  operations,  as  defined  in  subparagraph  (d)  of  paragraph  one   of
  subdivision  c  of  this  section, 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 section six  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 section six  hundred  seven  of
  this article.
    * NB Expires June 30, 2011