Section 363. Accidental disability retirement

a. A member shall be entitled
  to  an  accidental  disability  retirement  allowance  if,  at  the time
  application therefor is filed, he 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 policemen's and firemen's retirement system, and
    2. Actually in service upon which his 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. Some person acting on behalf of and authorized by such member.
    c.  (a)  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:
    1. The time when and the place where such accident occurred, and
    2. The particulars thereof, and
    3. The nature and extent of the member's injuries, and
    4. His alleged incapacity.
    (b) The notice herein required need not be given:
    1.  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
    2. If the application for accidental disability  retirement  is  filed
  within one year after the date of such accident, or
    3.  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
  reserved-for-increased-take-home-pay  to  which  he  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
  three hundred sixty-four of this article.
    f. If the member, at the time of the filing of  an  application  under
  the  provisions  of  subdivision  b  hereof,  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 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.
    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 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.
    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 three hundred sixty-one of this
  title, shall be entitled to an accidental death benefit as  provided  by
  section three hundred sixty-one of this title, 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 three hundred sixty-one
  of  this  title  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
  three  hundred  sixty-one  of  this  title,  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
  three hundred sixty-one of this title.