Section 605-C. Accidental disability retirement for deputy sheriffs employed by the city of New York

a. A  member  of  the  New  York  city
  employees'  retirement  system  employed  by  the  city of New York as a
  deputy  city  sheriff,  level  one,  deputy  city  sheriff,  level  two,
  supervising  deputy  sheriff  or  administrative  sheriff,  who  becomes
  physically or mentally incapacitated for the performance  of  duties  as
  the  natural  and  proximate  result  of  an  accident, sustained in the
  performance of his or her duties, not  caused  by  his  or  her  willful
  negligence, sustained in such service and while actually a member of the
  retirement  system,  shall  be  paid an accidental disability retirement
  allowance equal to  three-quarters  of  final  average  compensation  as
  defined  in  subdivision e of section six hundred eight of this article,
  subject to the provisions of section 13-176 of the  administrative  code
  of the city of New York.
    b.  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  the  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  head
  of  the  retirement  system  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 head of  the  retirement  system
  according to procedures developed by the comptroller.
    (e)  The  head  of  the  retirement  system  is  hereby  authorized to
  promulgate rules and regulations to implement  the  provisions  of  this
  paragraph.
    c.  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 b 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.
    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 member who: (1) has met the criteria of
  subdivision b 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