§ 605-a. Accidental disability retirement for uniformed court officers\nand peace officers employed in the unified court system. a. A member\nemployed as a uniformed court officer or peace officer in the unified\ncourt system shall be entitled to an accidental disability retirement\nallowance if, at the time application therefor is filed, such member 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\nown willful negligence, sustained in such service and while actually a\nmember of 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.\n For purposes of this subdivision, a member who is injured as the\nresult of a physical assault by an assailant, suffered while in service\nshall be entitled to accidental disability retirement unless the\ncontrary can be proven by competent evidence under this section.\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. Any 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 behalf\nshall have filed written notice in the office of the comptroller within\nninety 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 the notice of such accident shall be filed in accordance with\nthe provisions of the workers' compensation law of any state within\nwhich a participating employer shall have its employees located or\nperforming functions and duties within the normal scope of their\nemployment; 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 annual retirement allowance payable upon accidental disability\nretirement shall be a pension of three-quarters of his final average\nsalary. The payment of such pension shall be subject to the provisions\nof section 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 this section, is eligible for a\nservice retirement benefit, then and in that event, he may\nsimultaneously file an application for service retirement in accordance\nwith the provision of section seventy of this chapter, provided that the\nmember indicates on the application for service retirement that such\napplication is filed without prejudice to the application for accidental\ndisability retirement.\n g. Notwithstanding any other provision of law, this section shall\napply to uniformed
‹ Prev All New York sections Next ›
Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.