Section 507. Accidental disability benefits

a.  A  member  in active
  service, or a vested member incapacitated as the result of a  qualifying
  World  Trade Center condition as defined in section two of this chapter,
  who is not eligible for a normal service  retirement  benefit  shall  be
  eligible  for the accidental disability benefit described in subdivision
  c of this section if such member has been determined to be eligible  for
  primary  social  security  disability  benefits  and was disabled as the
  natural and proximate result of an accident  sustained  in  such  active
  service  and  not  caused  by  such  member's  own  willful  negligence;
  provided, however, that no  member  of  the  New  York  state  teachers'
  retirement  system,  the New York city employees' retirement system, the
  New York city board of education retirement system or the New York  city
  teachers'  retirement  system  who  is otherwise eligible for accidental
  disability benefits pursuant to this  section  shall  be  deemed  to  be
  ineligible  for  such  benefits  because  such  member is eligible for a
  normal service retirement benefit.
    b. A  police/fire  member  in  active  service,  or  a  vested  member
  incapacitated as the result of a qualifying World Trade Center condition
  as  defined  in  section  two of this chapter, who is not eligible for a
  normal service retirement benefit shall be eligible for  the  accidental
  disability benefit either as provided in subdivision a or if such member
  is  physically  or mentally incapacitated for performance of duty as the
  natural and proximate result of an accident  sustained  in  such  active
  service and not caused by such member's own willful negligence.
    c.  In  the case of a member of a retirement system other than the New
  York state teachers' retirement system, the  New  York  city  employees'
  retirement  system,  the  New  York  city  board of education retirement
  system or the New York city teachers' retirement system, the  accidental
  disability  benefit hereunder shall be a pension equal to two percent of
  final average salary times years of credited service which  such  member
  would have attained if employment had continued until such member's full
  escalation  date,  not  in  excess  of  the  maximum  years  of  service
  creditable for the normal service retirement  benefit,  less  (i)  fifty
  percent  of  the  primary social security disability benefit, if any, as
  provided in section five hundred eleven of this article,  and  (ii)  one
  hundred percent of any workers' compensation benefits payable.
    In  the  case  of  a member of the New York state teachers' retirement
  system, the New York city employees' retirement  system,  the  New  York
  city board of education retirement system or the New York city teachers'
  retirement  system, the accidental disability benefit hereunder shall be
  a pension equal to sixty percent of final average salary, less (i) fifty
  percent of the primary social security disability benefit,  if  any,  as
  provided  in  section  five hundred eleven of this article, and (ii) one
  hundred percent of any workers' compensation benefits  payable.  In  the
  event  a  disability  retiree from any retirement system is not eligible
  for the primary social security disability benefit and continues  to  be
  eligible  for  disability  benefits  hereunder,  such disability benefit
  shall be reduced by one-half of such retiree's primary  social  security
  retirement  benefit,  commencing at age sixty-two, in the same manner as
  provided for service retirement  benefits  under  section  five  hundred
  eleven of this article.
    d.  If a member shall cease to be eligible for primary social security
  benefits before attaining age  sixty-five,  or,  if  receipt  of  social
  security  benefits is not a condition for disability benefits hereunder,
  shall engage in such employment or business  activity  as  would  render
  such  member  ineligible for social security disability benefits (had he
  or  she  otherwise  been  eligible),  benefits  hereunder  shall  cease.
  Provided, however, if such member is otherwise eligible, the state civil

  service  department  or appropriate municipal commission shall place the
  name of such  person,  as  a  preferred  eligible,  on  the  appropriate
  eligible  lists  prepared  by  it for positions for which such person is
  stated  to  be qualified in a salary grade not exceeding that from which
  such person  retired.  In  such  event,  disability  benefits  shall  be
  continued  for  such  member  until such member first shall be offered a
  position in public service at such salary grade.
    e. A member shall not be eligible to  apply  for  disability  benefits
  under section five hundred six or this section unless such member shall,
  at  the  time  of  application, sign a waiver prepared by the retirement
  system and approved by the administrative head of such  system  pursuant
  to  which  such  member  agrees  to  waive the benefits of any statutory
  presumption relating to the  cause  of  disability  or  eligibility  for
  disability  benefits,  and  a  determination of eligibility for benefits
  hereunder shall be made without regard to any such statutory provision.
    f. If disability benefits hereunder are conditioned  upon  eligibility
  for  receipt  of  primary  social security disability benefits, benefits
  hereunder shall commence  at  the  time  that  primary  social  security
  disability  benefits  commence. If disability benefits hereunder are not
  conditioned upon eligibility for  receipt  of  primary  social  security
  disability benefits, benefits hereunder shall commence as of the date of
  disability retirement.
    g.  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 comptroller or applicable retirement system board of  trustees
  are  hereby  authorized  to  promulgate  rules and regulations for their
  respective retirement  systems  to  implement  the  provisions  of  this
  paragraph.
    2.  (a)(1)  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  or applicable retirement system board of trustees to have a
  qualifying World Trade Center condition, as defined in  section  two  of
  this  chapter,  upon  such  determination by the comptroller 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 comptroller or applicable retirement system 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  comptroller  or  applicable
  retirement system board of trustees according to procedures developed by
  the comptroller or applicable retirement system board of trustees.
    (e)  The comptroller or applicable retirement system board of trustees
  is hereby authorized to  promulgate  rules  and  regulations  for  their
  respective  retirement  systems  to  implement  the  provisions  of this
  paragraph.
    h. 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 g 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 five hundred one of this article,
  shall be entitled to an accidental death benefit as provided by  section
  five  hundred  nine  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  five  hundred nine 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.
    i. 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 g 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 section two of this chapter, 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
  five  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 five hundred nine of
  this article.
    * NB Expires June 30, 2011