New York Retirement and Social Security Code § 507-B

Performance of duty disability retirement
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§ 507-b. Performance of duty disability retirement. a. Any member in\nthe uniformed personnel in institutions under the jurisdiction of the\ndepartment of corrections and community supervision or a security\nhospital treatment assistant, as those terms are defined in subdivision\ni of section eighty-nine of this chapter, who becomes physically or\nmentally incapacitated for the performance of duties as the natural and\nproximate result of an injury, sustained in the performance or discharge\nof his or her duties by, or as a natural and proximate result of, an act\nof any incarcerated individual or any person confined in an institution\nunder the jurisdiction of the department of corrections and community\nsupervision or office of mental health, or by any person who has been\ncommitted to such institution by any court shall be paid a performance\nof duty disability retirement allowance equal to that which is provided\nin section sixty-three of this chapter, subject to the provisions of\nsection sixty-four of this chapter.\n  b. Notwithstanding any provision of this chapter or of any general or\nspecial law to the contrary, a member covered by this section who\ncontracts HIV (where there may have been an exposure to a bodily fluid\nof an incarcerated individual or a person described in subdivision a of\nthis section as a natural and proximate result of an act of any\nincarcerated individual or person described in such subdivision a that\nmay have involved transmission of a specified transmissible disease from\nan incarcerated individual or such person described in such subdivision\na to the retirement system member), tuberculosis or hepatitis will be\npresumed to have contracted such disease in the performance or discharge\nof his or her duties, and will be presumed to be disabled from the\nperformance of his or her duties, unless the contrary be proved by\ncompetent evidence.\n  c. Notwithstanding any provision of this chapter or of any general or\nspecial law to the contrary, any condition of impairment of health\ncaused by diseases of the heart, resulting in disability or death to a\nmember covered by this section, presently employed and who shall have\nsustained such disability while so employed, who successfully passed a\nphysical examination on entry into service as a correction officer or\nsecurity hospital treatment assistant, which examination failed to\ndisclose evidence of any disease or other impairment of the heart, shall\nbe presumptive evidence that it was incurred in the performance and\ndischarge of duty, unless the contrary be proved by competent evidence.\n  d. 1. (a) Notwithstanding any provisions of this chapter or of any\ngeneral, special or local law, charter, administrative code or rule or\nregulation to the contrary, if any condition or impairment of health is\ncaused by a qualifying World Trade Center condition as defined in\nsection two of this chapter, it shall be presumptive evidence that it\nwas incurred in the performance and discharge of duty and the natural\nand proximate result of an accident not caused by such member's own\nwillful negligence, unless the contrary be proved by competent evidence.\n  (b) The comptroller is hereby authorized to promulgate rules and\nregulations to implement the provisions of this paragraph.\n  2. (a) Notwithstanding the provisions of this chapter or of any\ngeneral, special or local law, charter, administrative code or rule or\nregulation to the contrary, if a member who participated in World Trade\nCenter rescue, recovery or cleanup operations, as defined in section two\nof this chapter, and subsequently retired on a service retirement, an\nordinary disability retirement or a performance of duty disability\nretirement and subsequent to such retirement is determined by the\ncomptroller to have a qualifying World Trade Center condition, as\ndefined in section two of this chapter, upon such determination by the\ncomptroller it shall be presumed that such disability 

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