§ 605-c. Accidental disability retirement for deputy sheriffs employed\nby the city of New York. a. A member of the New York city employees'\nretirement system employed by the city of New York as a deputy city\nsheriff, level one, deputy city sheriff, level two, supervising deputy\nsheriff or administrative sheriff, who becomes physically or mentally\nincapacitated for the performance of duties as the natural and proximate\nresult of an accident, sustained in the performance of his or her\nduties, not caused by his or her willful negligence, sustained in such\nservice and while actually a member of the retirement system, shall be\npaid an accidental disability retirement allowance equal to\nthree-quarters of final average compensation as defined in subdivision e\nof section six hundred eight of this article, subject to the provisions\nof section 13-176 of the administrative code of the city of New York.\n b. 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 head of the retirement system is hereby authorized to\npromulgate rules and regulations to implement the provisions of this\nparagraph.\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, a performance of duty disability\nretirement, or was separated from service with a vested right to\ndeferred payability of a retirement allowance and subsequent to such\nretirement or separation is determined by the head of the retirement\nsystem to have a qualifying World Trade Center condition as defined in\nsection two of this chapter, upon such determination by the head of the\nretirement system, it shall be presumed that such disability was\nincurred in the performance and discharge of duty as the natural and\nproximate result of an accident not caused by such member's own willful\nnegligence, and that the member would have been physically or mentally\nincapacitated for the performance and discharge of duty of the position\nfrom which he or she retired had the condition been known and fully\ndeveloped at the time of the member's retirement, unless the contrary is\nproven by competent evidence.\n (b) The head of the retirement system shall consider a\nreclassification of the member's retirement or vesting as an accidental\ndisability retirement effective as of the date of such reclassification.\n (c) Such member's retirement option shall not be changed as a result\nof such reclassification.\n (d) The member's former employer at the time of the member's\nretirement shall have an opportunity to be heard on the member's\napplication for reclassification by the head of the retirement system\naccording to procedures developed by the comptroller.\n (e) The head of the retirement system is hereby authorized to\npromulgate rules and regulations to implement the provisions of this\nparagraph.\n c. Notwithstanding any other provision of this chapter or of any\ngeneral, special or local law, charter, administrative code or rule or\nregulation to the contrary, if a retiree or vestee who: (1) has met the\ncriteria of subdivision b of this section and retired on a service or\ndisability retirement, would have met the criteria if not already\nretired
‹ 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.