§ 607-c. Performance of duty disability benefit. a. Any sheriff,\ndeputy sheriff, undersheriff or correction officer as defined in\nsubdivision a of section sixty-three-b of this chapter, and who are\nemployed in a county which makes an election pursuant to subdivision d\nof such section sixty-three-b, who becomes physically or mentally\nincapacitated for the performance of duties as the natural and proximate\nresult of an injury, sustained in the performance or discharge of his or\nher duties by, or as the natural and proximate result of any act of any\nincarcerated individual or any person confined in an institution under\nthe jurisdiction of such county, shall be paid a performance of duty\ndisability retirement allowance equal to that which is provided in\nsection 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 defined 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 person described in such subdivision a to\nthe 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. 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 each 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 or a performance of duty disability\nretirement and subsequent to such retirement is determined by the head\nof the retirement system to have a qualifying World Trade Center\ncondition, as defined in section two of this chapter, upon such\ndetermination by the head of the retirement system it shall be presumed\nthat such disability was incurred in the performance and discharge of\nduty as the natural and proximate result of an accident not caused by\nsuch member's own willful negligence, and that the member would have\nbeen physically or mentally incapacitated for the performance and\ndischarge of duty of the position from which he or she retired had the\ncondition been known and fully developed at the time of the member's\nretirement, unless the contrary is proven by competent evidence.\n (b) The head of the retirement system shall consider a\nreclassification of the member's retirement as an accidental disability\nretirement 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\nr
‹ 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.