§ 63-a. Performance of duty disability retirement. a. Any member in\nthe uniformed personnel in institutions under the jurisdiction of the\ndepartment of corrections and community supervision or a security\nhospital treatment assistant, as those terms are defined in subdivision\ni of section eighty-nine of this article, who becomes physically or\nmentally incapacitated for the performance of duties as the natural and\nproximate result of an injury, sustained in the performance or discharge\nof his or her duties by, or as the natural and proximate result of an\nact of any incarcerated individual or any person confined in an\ninstitution under the jurisdiction of the department of corrections and\ncommunity supervision or office of mental health, or by any person who\nhas been committed to such institution by any court shall be paid a\nperformance of duty disability retirement allowance equal to that which\nis provided in section sixty-three of this title, subject to the\nprovisions of section sixty-four of this title.\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 described in subdivision a of\nthis section as a natural and proximate result of an act of any\nincarcerated individual or person described in subdivision a that may\nhave involved transmission of a specified transmissible disease from an\nincarcerated individual or such person described in subdivision a to the\nretirement system member), tuberculosis or hepatitis will be presumed to\nhave contracted such disease in the performance or discharge of his or\nher duties, and will be presumed to be disabled from the performance of\nhis or her duties, unless the contrary be proved by competent evidence.\n * c. Notwithstanding any provision of this chapter or of any general\nor special law to the contrary, any condition of impairment of health\ncaused by diseases of the heart, resulting in disability or death to a\nmember covered by this section, presently employed and who shall have\nsustained such disability while so employed, who successfully passed a\nphysical examination on entry into service as a correction officer or\nsecurity hospital treatment assistant, which examination failed to\ndisclose evidence of any disease or other impairment of the heart, shall\nbe presumptive evidence that it was incurred in the performance and\ndischarge of duty, unless the contrary be proved by competent evidence.\n * NB Expired and repealed July 1, 2001. § 480 of Retirement and Social\nSecurity Law extends disability benefits implemented by former § 63-c.\n
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