§ 63. Accidental disability retirement. a. A member shall be entitled\nto an accidental disability retirement allowance if, at the time\napplication therefor is filed, he is:\n 1. Physically or mentally incapacitated for performance of duty as the\nnatural and proximate result of an accident not caused by his 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 membership is based.\n However, 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 article at any time, or (b) not later\nthan two years after the member is first discontinued from service.\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. (a) 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 1. The time when and the place where such accident occurred, and\n 2. The particulars thereof, and\n 3. The nature and extent of the member's injuries, and\n 4. His alleged incapacity.\n (b) The notice herein required need not be given:\n 1. 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 2. If the application for accidental disability retirement is filed\nwithin one year after the date of such accident, or\n 3. 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\nreserve-for-increased-take-home-pay to which he may be entitled, if any,\nplus\n 3. A pension of three-quarters of his final average salary. The\npayment of such pension shall be subject to the provisions of section\nsixty-four of this article.\n f. If the member, at the time of the filing of an application under\nthe provisions of subdivision b hereof, is eligible for a service\nretirement benefit, then and in that event, he may simultaneously file\nan application for service retirement in accordance with the provisions\nof section seventy of this chapter, provided that the member indicates\non the application for service retirement that such application is filed\nwithout prejudice to the application for accidental disability\nretirement.\n g. 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 article, it shall be presumpti
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