§ 556. Accidental disability retirement. a. A member shall be\nentitled to an accidental disability retirement allowance if, at the\ntime application therefor is filed, he or she is:\n 1. Physically or mentally incapacitated for performance of duty as the\nnatural and proximate result of an accident not caused by his or her own\nwillful negligence sustained in such service and while actually a member\nof the retirement system, and\n 2. Actually in service upon which his or her membership is based.\nHowever, in a case where a member is discontinued from service\nsubsequent to the accident, either voluntarily or involuntarily, and\nprovided that the member meets the requirements of paragraph one of this\nsubdivision, application may be made either (a) by a vested member\nincapacitated as the result of a qualifying World Trade Center condition\nas defined in section two of this chapter at any time, or (b) not later\nthan two years after the member is first discontinued from service and\nprovided that the member meets the requirements of paragraph one of this\nsubdivision.\n An application for disability retirement shall not be disapproved on\nthe basis of a deputy sheriff having failed to engage directly in\ncriminal law enforcement activities that aggregate fifty per centum of a\ndeputy sheriff's service during a period preceding the filing of the\napplication provided the failure to do so was the result of the\ndisability alleged in the application and further provided the deputy\nsheriff was certified as so engaged in criminal law enforcement\nactivities by the county sheriff at the time the accident is alleged to\nhave occurred.\n b. Application for an accidental disability retirement allowance for\nsuch a member may be made by:\n 1. Such member, or\n 2. The head of the department in which such member is employed, or\n 3. Some person acting on behalf of and authorized by such member.\n c. 1. After the filing of such an application such member shall be\ngiven one or more medical examinations. No such application shall be\napproved, however, unless the member or some other person on his or her\nbehalf shall have filed written notice in the office of the comptroller\nwithin ninety days after the accident, setting forth:\n (a) The time when and the place where such accident occurred, and\n (b) The particulars thereof, and\n (c) The nature and extent of the member's injuries, and\n (d) His or her alleged incapacity.\n 2. The notice herein required need not be given:\n (a) If notice of such accident shall be filed in accordance with the\nprovisions of the workers' compensation law of any state within which a\nparticipating employer shall have its employees located or performing\nfunctions and duties within the normal scope of their employment, or\n (b) If the application for accidental disability retirement is filed\nwithin one year after the date of such accident, or\n (c) If a failure to file notice has been excused for good cause shown\nas provided by rules and regulations promulgated by the comptroller.\n d. If the comptroller determines that the member is physically or\nmentally incapacitated for the performance of duty and ought to be\nretired for accidental disability, such member shall be so retired. Such\nretirement shall be effective as of a date approved by the comptroller.\n e. The retirement allowance payable upon accidental disability\nretirement shall consist of:\n 1. An annuity which shall be the actuarial equivalent of the member's\naccumulated contributions, plus\n 2. A pension which is the actuarial equivalent of the\nreserved-for-increased-take-home-pay to which he or she may be entitled,\nif any, plus\n 3. A pension of two-thirds of his or her final average salary. The\npayment of such pension shall be subject to the provisions of section\nthree hundred sixty-four of this chapter.\n f. If the member, at the time of the filing of an application under\nthe provisions of subdivision b of thi
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