Section 13-252.1. Accidental disability retirement; World Trade Center presumption

1. (a) Notwithstanding any provisions of this  code  or  of  any  general, special or local law, charter 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 the
  retirement  and  social  security  law, 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  New York City Police Pension Fund (NYCPPF) board of trustees
  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 the retirement and social security law, and subsequently retired on a
  service  retirement,  an  ordinary  disability retirement, an accidental
  disability retirement, or a performance of  duty  disability  retirement
  and  subsequent to such retirement is determined by the NYCFDPF board of
  trustees to have a qualifying World Trade Center condition,  as  defined
  in  section  two  of  the  retirement and social security law, upon such
  determination by the NYCFDPF board of trustees,  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 NYCPPF board of trustees 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  NYCPPF  board  of  trustees
  according to procedures developed by the NYCPPF board of trustees.
    (e) The NYCPPF board of trustees is hereby  authorized  to  promulgate
  rules and regulations to implement the provisions of this paragraph.
    3.  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  one  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 the retirement and social
  security law, 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  13-244  of
  this  subchapter,  shall  be  entitled to an accidental death benefit as
  provided by section 13-244 of this subchapter, 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  13-244  of this
  subchapter 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.
    4. Notwithstanding any other provision of this code or of any general,
  special or local law, charter, or rule or regulation to the contrary, if
  a  member  who:  (1)  has  met  the  criteria of subdivision one of this
  section; and (2) dies in active service from a  qualifying  World  Trade
  Center condition, as defined in section two of the retirement and social
  security  law,  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 section  two  of  the  retirement  and  social
  security  law, 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 13-244 of this subchapter, 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 13-244 of this subchapter.