Section 363-BB. State police accidental disability retirement allowance

a.
  A member may  elect  to  receive  an  accidental  disability  retirement
  allowance  as  provided  under  this  section  in  lieu  of the benefits
  provided under section three hundred sixty-three-b of this title 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 New York state and local police and fire retirement system, and
    2.  Actually  in  service  upon  which his or her membership is based.
  However, in a case if 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 superintendent of state police or his or her designee, 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,
    (b) The particulars thereof,
    (c) The nature and extent of the member's injuries, and
    (d) His or her alleged incapacity.
    2. The notice required by this section 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.   Notwithstanding  any  other  provision  of  law,  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 or her final average salary. The
  payment of such pension shall be subject to the  provisions  of  section
  three hundred sixty-four of this title.
    f.  If  the  member, at the time of 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 applicant  for  accidental
  disability retirement.
    g.  For  purposes  of this section, the term "accident" shall have the
  same meaning and be interpreted in the  same  manner  as  such  term  is
  defined  and/or interpreted to mean in section three hundred sixty-three
  of this title, as amended.
    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, any condition or impairment of health caused
  by  a  qualifying  condition  or  impairment  of  health  resulting   in
  disability  to  a  member who participated in World Trade Center rescue,
  recovery or cleanup operations for a minimum of  forty  hours  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. A member  shall  be  eligible  for  the
  presumption  provided  for under this paragraph notwithstanding the fact
  that the member did not participate in World Trade Center  recovery  and
  cleanup  operations for a minimum of forty hours, provided that: (i) the
  member participated in the rescue, recovery, or  cleanup  operations  at
  the World Trade Center site between September eleventh, two thousand one
  and  September  twelfth,  two  thousand one; (ii) the member sustained a
  documented physical injury  at  the  World  Trade  Center  site  between
  September eleventh, two thousand one and September twelfth, two thousand
  one  that is a qualifying condition or impairment of health resulting in
  disability to the member that prevented the member  from  continuing  to
  participate in World Trade Center rescue, recovery or cleanup operations
  for  a  minimum of forty hours; and (iii) the documented physical injury
  that resulted in a disability to the member that  prevented  the  member
  from continuing to participate in World Trade Center rescue, recovery or
  cleanup  operations  for  a  minimum  of  forty  hours is the qualifying
  condition or impairment of health which the member seeks to be  eligible
  for the presumption provided for under this paragraph.
    (b)  In  order  to  be eligible for the presumption provided for under
  subparagraph (a) of this paragraph,  a  member  must  have  successfully
  passed a physical examination for entry into public service which failed
  to disclose evidence of the qualifying condition or impairment of health
  that formed the basis for the disability.
    (c)  For  purposes  of  this  subdivision,  "qualifying  condition  or
  impairment of health" shall include:
    (i) Diseases of the upper respiratory  tract  and  mucosae,  including
  conditions  such  as  conjunctivitis,  rhinitis, sinusitis, pharyngitis,
  laryngitis,  vocal  cord  disease,  upper  airway  hyper-reactivity  and
  tracheo-bronchitis, or a combination of such conditions;
    (ii)  Diseases  of  the  lower  respiratory  tract,  including but not
  limited to bronchitis, asthma, reactive airway dysfunction syndrome, and
  different types of pneumonitis, such as hypersensitivity, granulomatous,
  or eosinophilic;
    (iii) Diseases of the gastroesophageal  tract,  including  esophagitis
  and  reflux  disease,  either  acute  or  chronic, caused by exposure or
  aggravated by exposure;
    (iv) Diseases of  the  psychological  axis,  including  post-traumatic
  stress  disorder,  anxiety,  depression,  or  any  combination  of  such
  conditions;
    (v) Diseases of the skin such as contact dermatitis or  burns,  either
  acute  or  chronic in nature, infectious, irritant, allergic, idiopathic

  or non-specific reactive in nature, caused by exposure or aggravated  by
  exposure; or
    (vi) New onset diseases resulting from exposure as such diseases occur
  in  the  future including cancer, chronic obstructive pulmonary disease,
  asbestos-related disease, heavy metal poisoning, musculoskeletal disease
  and chronic psychological disease;
    (d) For purposes of this subdivision,  "participated  in  World  Trade
  Center  rescue,  recovery  or  cleanup operations" shall mean any member
  who:
    (i) participated in the rescue, recovery, or clean  up  operations  at
  the World Trade Center site between September eleventh, two thousand one
  and September twelfth, two thousand two, or
    (ii) worked at the Fresh Kills Land Fill in New York between September
  eleventh, two thousand one and September twelfth, two thousand two, or
    (iii)  worked  at  the New York city morgue or the temporary morgue on
  pier locations on the west side of Manhattan between September eleventh,
  two thousand one and September twelfth, two thousand two, or
    (iv) manned the barges between the west  side  of  Manhattan  and  the
  Fresh  Kills  Land  Fill  in  New  York  between September eleventh, two
  thousand one and September twelfth, two thousand two. For  the  purposes
  of this subdivision, "World Trade Center site" shall mean anywhere below
  a  line  starting  from the Hudson River and Canal Street; east on Canal
  Street to Pike Street; south on Pike  Street  to  the  East  River;  and
  extending to the lower tip of Manhattan.
    (e)  In  order  to be eligible for consideration for such presumption,
  such member must file a written and sworn statement  with  the  member's
  retirement system on a form provided by such system indicating the dates
  and locations of employment. Such statement must be filed not later than
  four  years  following the effective date of chapter one hundred four of
  the laws of two thousand five.
    (f) 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 for  a  minimum  of  forty
  hours,  and  subsequently  retired  on a service retirement, an ordinary
  disability retirement, a performance of duty disability retirement or  a
  state  police  disability  retirement  pursuant to section three hundred
  sixty-three-b of this title and subsequent to such retirement incurred a
  disability caused by any  qualifying  condition  or  impairment  of  the
  health  which  the  comptroller  determines  to have been caused by such
  member's having participated in World Trade Center rescue,  recovery  or
  cleanup operations for a minimum of forty hours, 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.  A  member  shall  be  eligible for the
  presumption provided for under this paragraph notwithstanding  the  fact
  that  the  member  did  not  participate  in  World Trade Center rescue,
  recovery or cleanup operations for a minimum of  forty  hours,  provided
  that:  (i)  the  member participated in the rescue, recovery, or cleanup
  operations at the World Trade Center site  between  September  eleventh,
  two  thousand  one  and  September  twelfth,  two thousand one; (ii) the

  member sustained a documented physical injury at the World Trade  Center
  site between September eleventh, two thousand one and September twelfth,
  two  thousand one that is a qualifying condition or impairment of health
  resulting  in  disability  to  the member that prevented the member from
  continuing to participate in World  Trade  Center  rescue,  recovery  or
  cleanup  operations  for  a  minimum  of  forty  hours;  and  (iii)  the
  documented physical injury that resulted in a disability to  the  member
  that  prevented the member from continuing to participate in World Trade
  Center rescue, recovery or cleanup operations for  a  minimum  of  forty
  hours  is  the  qualifying  condition  or impairment of health which the
  member seeks to be eligible for the presumption provided for under  this
  paragraph.
    (b)  The  reclassification  provided  for  in subparagraph (a) of this
  paragraph shall not be granted, unless:
    (i) the member files a written and sworn statement with  the  member's
  retirement system on a form provided by such system indicating the dates
  and  locations  of  employment within four years following the effective
  date of chapter one hundred four of the laws of two thousand five; and
    (ii) the member must have successfully passed a  physical  examination
  for  entry  into public service which failed to disclose evidence of the
  qualifying condition or impairment of health that formed the  basis  for
  the disability.
    (c)  The comptroller shall consider a reclassification of the member's
  retirement as an accidental disability retirement effective  as  of  the
  date of such reclassification.
    (d)  Such  member's retirement option shall not be changed as a result
  of such reclassification.
    (e)  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.
    (f)  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  condition   or
  impairment of health, as defined in subparagraph (c) of paragraph one of
  subdivision h of this section, that is determined by the applicable head
  of the retirement system or applicable medical board to have been caused
  by  such  retiree's  participation  in  the  World  Trade Center rescue,
  recovery or cleanup  operations,  as  defined  in  subparagraph  (d)  of
  paragraph one of subdivision h of this section, 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.
    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 condition or impairment of health, as defined in subparagraph
  (c) of  paragraph  one  of  subdivision  h  of  this  section,  that  is
  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
  subparagraph (d) of paragraph one of subdivision h of this section, 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.