Section 607-E. Accidental disability retirement; Westchester county district attorney investigators

The county of Westchester may elect  to
  make  the  benefits  provided  in  this  section  available  to criminal
  investigators, senior  criminal  investigators,  deputy  chief  criminal
  investigators, and chief criminal investigators who are in the employ of
  the Westchester county district attorney.
    a.  A  member shall be entitled to an accidental disability retirement
  allowance if, at the time application therefor is filed, he or she is:
    1. Physically or mentally incapacitated for performance of duty as the
  natural and proximate result of an accident not caused by his or her 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,
  application  may  be  made  not later than two years after the member is
  first discontinued from service and provided that the member  meets  the
  requirements of paragraph one of this subdivision.
    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. A 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 or  her
  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 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  retirement  allowance  payable  upon  accidental   disability
  retirement shall consist of:
    1.  An annuity which shall be the actuarial equivalent of the member's
  accumulated contributions, plus
    2.  A   pension   which   is   the   actuarial   equivalent   of   the
  reserve-for-increased-take-home-pay  to which he or she may be entitled,
  if any, plus
    3. A pension of  three-quarters  of  his  final  average  salary.  The
  payment  of  such  pension shall be subject to the provisions of section
  six hundred seven-f of this article.
    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  or  she  may

  simultaneously  file an application for service retirement in accordance
  with the provisions 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.
    * NB Expires June 30, 2011