New York Retirement and Social Security Code § 605-B

Accidental disability retirement for New York city uniformed sanitation members
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* § 605-b. Accidental disability retirement for New York city\nuniformed sanitation members. a. Definitions. The following terms as\nused in this section shall have the following meanings unless a\ndifferent meaning is plainly required by the context:\n  1. "New York city uniformed sanitation member" shall mean a member (as\ndefined in subdivision e of section six hundred one of this article) of\nNYCERS who is a member of the uniformed force of the New York city\ndepartment of sanitation.\n  2. "NYCERS" shall mean the New York city employees' retirement system.\n  3. "Eligible prior uniformed sanitation disability retiree" shall mean\na person who retired for disability as a NYCERS member and as a member\nof the uniformed force of the New York city department of sanitation\npursuant to section five hundred seven or six hundred five of this\nchapter, with an effective date of retirement on or after November\nfirst, nineteen hundred eighty-two, and prior to the effective date of\nthis section.\n  b. 1. A New York city uniformed sanitation member who, on or after the\neffective date of this section, is determined by NYCERS to be physically\nor mentally incapacitated for the performance of duty as the natural and\nproximate result of an accident, not caused by his or her own willful\nnegligence, sustained in the performance of such uniformed sanitation\nservice while actually a member of NYCERS shall be retired for\naccidental disability. Such retirement shall be effective as of the date\napproved by the board of trustees of NYCERS.\n  2. Except as provided in paragraph one of subdivision c of this\nsection, applications for accidental disability retirement may be made\nnot later than two years after the occurrence of the accident upon which\nthe application is based. Such application may be made by:\n  (a) a New York city uniformed sanitation member;\n  (b) the commissioner of the New York city department of sanitation; or\n  (c) any person acting on behalf of and authorized by such member.\n  3. NYCERS shall process applications for accidental disability\nretirement pursuant to this section in accordance with the applicable\nstatutory provisions and the rules and regulations of NYCERS pertaining\ngenerally to the processing of disability retirement applications.\nUnless inconsistent with the provisions of this section, the provisions\nof section 13-169 of the administrative code of the city of New York,\nrelating to medical review procedures, and section 13-171 of such code,\nrelating to safeguards on disability retirement, shall be applicable to\naccidental disability retirements pursuant to this section. The board of\ntrustees of NYCERS shall have the authority to adopt rules and\nregulations for the purposes of implementing this section.\n  4. Subject to the provisions of section 13-176 of the administrative\ncode of the city of New York, the annual retirement allowance payable to\naccidental disability retirees pursuant to this section shall be an\namount equal to three-quarters of the member's final average salary. The\nretirement allowance payable pursuant to this section shall be in lieu\nof any other disability retirement allowance which may otherwise be\npayable by NYCERS.\n  c. 1. Notwithstanding the provisions of paragraphs one and two of\nsubdivision b of this section or any other provision of law to the\ncontrary, any eligible prior uniformed sanitation disability retiree (as\ndefined in paragraph three of subdivision a of this section) shall be\neligible to apply for accidental disability retirement pursuant to\nsubdivision b of this section either (a) if the member is vested and is\nincapacitated as the result of a qualifying World Trade Center condition\nas defined in section two of this chapter, or (b) by filing an\napplication with NYCERS within one year of the effective date of this\nsection.\n  2. Any eligible prior uniformed sanitation disability retiree who\nfiles a timely application for accidental disabil

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