Section 63-A. Performance of duty disability retirement  


Latest version.
  • a. Any member in
      the uniformed personnel in institutions under the  jurisdiction  of  the
      department  of  correctional  services  or a security hospital treatment
      assistant, as those terms  are  defined  in  subdivision  i  of  section
      eighty-nine   of  this  article,  who  becomes  physically  or  mentally
      incapacitated for the performance of duties as the natural and proximate
      result of an injury, sustained in the performance or discharge of his or
      her duties by, or as the natural and proximate result of an act  of  any
      inmate  or  any person confined in an institution under the jurisdiction
      of the department of correctional services or office of  mental  health,
      or by any person who has been committed to such institution by any court
      shall  be  paid  a  performance  of duty disability retirement allowance
      equal to that which is provided in section sixty-three  of  this  title,
      subject to the provisions of section sixty-four of this title.
        b.  Notwithstanding any provision of this chapter or of any general or
      special law to the contrary,  a  member  covered  by  this  section  who
      contracts  HIV  (where there may have been an exposure to a bodily fluid
      of an inmate or a person described in subdivision a of this section as a
      natural and proximate result of an act of any inmate or person described
      in such subdivision a that may have involved transmission of a specified
      transmissible disease from an inmate or such person  described  in  such
      subdivision   a  to  the  retirement  system  member),  tuberculosis  or
      hepatitis will be presumed  to  have  contracted  such  disease  in  the
      performance  or  discharge of his or her duties, and will be presumed to
      be disabled from the performance  of  his  or  her  duties,  unless  the
      contrary be proved by competent evidence.
        * c.  Notwithstanding  any provision of this chapter or of any general
      or special law to the contrary, any condition of  impairment  of  health
      caused  by  diseases of the heart, resulting in disability or death to a
      member covered by this section, presently employed and  who  shall  have
      sustained  such  disability while so employed, who successfully passed a
      physical examination on entry into service as a  correction  officer  or
      security  hospital  treatment  assistant,  which  examination  failed to
      disclose evidence of any disease or other impairment of the heart, shall
      be presumptive evidence that it was  incurred  in  the  performance  and
      discharge of duty, unless the contrary be proved by competent evidence.
        * NB Expired and repealed July 1, 2001. § 480 of Retirement and Social
      Security Law (as amended by ch. 44/2001 § 2) extends disability benefits
      implemented by former § 63-c.