Section 605-A. Accidental disability retirement for uniformed court officers and peace officers employed in the unified court system

a.  A
  member  employed  as  a  uniformed court officer or peace officer in the
  unified court system shall  be  entitled  to  an  accidental  disability
  retirement allowance if, at the time application therefor is filed, such
  member is:
    1. Physically or mentally incapacitated for performance of duty as the
  natural  and  proximate  result  of  an  accident, not caused by his 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
  subsequent  to  the  accident,  either voluntarily or involuntarily, and
  provided that the member meets the requirements of paragraph one of this
  subdivision, application may be made  either  (a)  by  a  vested  member
  incapacitated as the result of a qualifying World Trade Center condition
  as  defined in section two of this chapter at any time, or (b) not later
  than two years after the member is first discontinued from service.
    b. Application for an accidental disability retirement  allowance  for
  such a member may be made by:
    1. Such member; or
    2. The head of the department in which such member is employed; or
    3. Any person acting on behalf of and authorized by such member.
    c.  1.  After  the filing of such an application, such member shall be
  given one or more medical examinations. No  such  application  shall  be
  approved,  however, unless the member or some other person on his behalf
  shall have filed written notice in the office of the comptroller  within
  ninety days after the accident, setting forth:
    (a) The time when and the place where such accident occurred; and
    (b) The particulars thereof; and
    (c) The nature and extent of the member's injuries; and
    (d) His or her alleged incapacity.
    2. The notice herein required need not be given:
    (a)  If  the notice of such accident shall be filed in accordance with
  the provisions of the workers' compensation  law  of  any  state  within
  which  a  participating  employer  shall  have  its employees located or
  performing functions  and  duties  within  the  normal  scope  of  their
  employment; or
    (b)  If  the application for accidental disability retirement is filed
  within one year after the date of such accident; 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.
    d.  If  the  comptroller  determines  that the member is physically or
  mentally incapacitated for the performance  of  duty  and  ought  to  be
  retired for accidental disability, such member shall be so retired. Such
  retirement shall be effective as of a date approved by the comptroller.
    e.  The annual retirement allowance payable upon accidental disability
  retirement shall be a pension of three-quarters  of  his  final  average
  salary.  The  payment of such pension shall be subject to the provisions
  of section sixty-four of this chapter.
    f. If the member, at the time of the filing of  an  application  under
  the  provisions  of  subdivision  b  of  this section, is eligible for a
  service  retirement  benefit,  then  and   in   that   event,   he   may
  simultaneously  file an application for service retirement in accordance
  with the provision of section seventy of this chapter, provided that the
  member indicates on the application for  service  retirement  that  such
  application is filed without prejudice to the application for accidental
  disability retirement.

    g.  Notwithstanding  any  other  provision  of law, this section shall
  apply to uniformed court officers and peace  officers  employed  in  the
  unified  court  system  who  were  hired  on or after July twenty-seven,
  nineteen hundred seventy-six.
    h.  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 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
  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 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  according   to
  procedures developed by the comptroller.
    (e)  The  comptroller  is  hereby  authorized  to promulgate rules and
  regulations to implement the provisions of this paragraph.
    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 retiree who: (1) has met  the  criteria
  of  subdivision h 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.
    j. 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 h 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
  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