Section 13-551. Retirement for accident disability  


Latest version.
  • a.  Subject  to the
      provisions of subdivision b of this section, medical  examination  of  a
      contributor in city-service accident disability and investigation of all
      statements  and  certifications  by  such  contributor  or on his or her
      behalf in connection therewith shall be made upon the application of the
      head of the agency in which the contributor is  employed,  or  upon  the
      application of a contributor or a person acting in his or her behalf:
        (1)   stating   that   such  contributor  is  physically  or  mentally
      incapacitated for the performance of  city-service,  as  a  natural  and
      proximate result of such city-service; and
        (2)  certifying  the  time,  place and conditions of such city-service
      performed by such contributor resulting in such alleged  disability  and
      that  such alleged disability was not the result of wilful negligence on
      the  part  of  such  contributor  and  that  such  contributor   should,
      therefore, be retired.
        b.  The  provisions  of  this  section  shall  apply  only  where such
      application is based on an accident which  occurred  on  or  after  July
      first, nineteen hundred seventy.
        c.  Any  such  application  shall  be filed within two years after the
      happening of such accident.
        d. If such medical examination and investigation shows that  any  such
      contributor,  by  whom  or  with respect to whom an application is filed
      under this section, is physically  or  mentally  incapacitated  for  the
      performance  of  city-service  as  a  natural and proximate result of an
      accidental injury received in such city-service by reason of an accident
      which occurred on or after July  first,  nineteen  hundred  seventy  and
      while  a  contributor,  and  that  such disability was not the result of
      wilful negligence  on  the  part  of  such  contributor  and  that  such
      contributor should be retired, the medical board shall so certify to the
      retirement  board  stating  the  time,  place  and  conditions  of  such
      city-service performed by such contributor resulting in such disability,
      and the retirement board shall  retire  such  contributor  for  accident
      disability forthwith.
        e.  If  such  application  is  denied  solely  on the ground that such
      contributor is not, at the  time  of  such  examination,  physically  or
      mentally   incapacitated  for  the  performance  of  city-service,  such
      application  may  thereafter  be  renewed  during   such   contributor's
      city-service  at  any  time  within five years from the happening of the
      accident but preceding the date on which such member shall  have  become
      eligible  for  service retirement, provided he or she submits himself or
      herself to such further examinations as the medical board may require.