§ 363. Accidental disability retirement. a. A member shall be entitled
to an accidental disability retirement allowance if, at the time
application therefor is filed, he is:

1. Physically or mentally incapacitated for performance of duty as the
natural and proximate result of an accident not caused by his or her own
willful negligence sustained in such service and while actually a member
of the police and fire retirement system, and

2. Actually in service upon which his membership is based. However, in
a case where a member is discontinued from service subsequent to the
accident, either voluntarily or involuntarily, and provided that the
member meets the requirements of paragraph one of this subdivision,
application may be made, either (a) by a vested member incapacitated as
the result of a qualifying World Trade Center condition as defined in
section two of this chapter at any time, or (b) not later than two years
after the member is first discontinued from service. Provided further
that in the case of an application filed for accidental disability
benefits pursuant to section three hundred sixty-three-d of this title,
the requirements for filing for such benefits shall be five years.

b. Application for an accidental disability retirement allowance for
such a member may be made by:

1. Such member, or

2. The head of the department in which such member is employed, or

3. Some person acting on behalf of and authorized by such member.

c. (a) After the filing of such an application such member shall be
given one or more medical examinations. No such application shall be
approved, however, unless the member or some other person on his behalf
shall have filed written notice in the office of the comptroller within
ninety days after the accident, setting forth:

1. The time when and the place where such accident occurred, and

2. The particulars thereof, and

3. The nature and extent of the member's injuries, and

4. His alleged incapacity.

(b) The notice herein required need not be given:

1. If notice of such accident shall be filed in accordance with the
provisions of the workers' compensation law of any state within which a
participating employer shall have its employees located or performing
functions and duties within the normal scope of their employment, or

2. If the application for accidental disability retirement is filed
within one year after the date of such accident, or

3. If a failure to file notice has been excused for good cause shown
as provided by rules and regulations promulgated by the comptroller.

d. If the comptroller determines that the member is physically or
mentally incapacitated for the performance of duty and ought to be
retired for accidental disability, such member shall be so retired. Such
retirement shall be effective as of a date approved by the comptroller.

e. The retirement allowance payable upon accidental disability
retirement shall consist of:

1. An annuity which shall be the actuarial equivalent of the member's
accumulated contributions, plus

2. A pension which is the actuarial equivalent of the
reserved-for-increased-take-home-pay to which he may be entitled, if
any, plus

3. A pension of three-quarters of his final average salary. The
payment of such pension shall be subject to the provisions of section
three hundred sixty-four of this article.

f. If the member, at the time of the filing of an application under
the provisions of subdivision b hereof, is eligible for a service
retirement benefit, then and in that event, he may simultaneously file
an application for service retirement in accordance with the provisions
of section seventy of this chapter, provided that the member indicates
on the application for service retirement that such application is filed
without prejudice to the application for accidental disability
retirement.

g. 1. (a) Notwithstanding any provisions of this chapter or of any
general, special or local law, charter, administrative code or rule or
regulation to the contrary, if any condition or impairment of health is
caused by a qualifying World Trade Center condition as defined in
section two of this chapter, it shall be presumptive evidence that it
was incurred in the performance and discharge of duty and the natural
and proximate result of an accident not caused by such member's own
willful negligence, unless the contrary be proved by competent evidence.

(b) The comptroller is hereby authorized to promulgate rules and
regulations to implement the provisions of this paragraph.

2. (a) Notwithstanding the provisions of this chapter or of any
general, special or local law, charter, administrative code or rule or
regulation to the contrary, if a member who participated in World Trade
Center rescue, recovery or cleanup operations, as defined in section two
of this chapter, and subsequently retired on a service retirement, an
ordinary disability retirement or a performance of duty disability
retirement and subsequent to such retirement is determined by the
comptroller to have a qualifying World Trade Center condition, as
defined in section two of this chapter, upon such determination by the
comptroller it shall be presumed that such disability was incurred in
the performance and discharge of duty as the natural and proximate
result of an accident not caused by such member's own willful
negligence, and that the member would have been physically or mentally
incapacitated for the performance and discharge of duty of the position
from which he or she retired had the condition been known and fully
developed at the time of the member's retirement, unless the contrary is
proven by competent evidence.

(b) The comptroller shall consider a reclassification of the member's
retirement as an accidental disability retirement effective as of the
date of such reclassification.

(c) Such member's retirement option shall not be changed as a result
of such reclassification.

(d) The member's former employer at the time of the member's
retirement shall have an opportunity to be heard on the member's
application for reclassification by the comptroller according to
procedures developed by the comptroller.

(e) The comptroller is hereby authorized to promulgate rules and
regulations to implement the provisions of this paragraph.

h. Notwithstanding any other provision of this chapter or of any
general, special or local law, charter, administrative code or rule or
regulation to the contrary, if a retiree who: (1) has met the criteria
of subdivision g of this section and retired on a service or disability
retirement, or would have met the criteria if not already retired on an
accidental disability; and (2) has not been retired for more than
twenty-five years; and (3) dies from a qualifying World Trade Center
condition, as defined in section two of this chapter, as determined by
the applicable head of the retirement system or applicable medical
board, then unless the contrary be proven by competent evidence, such
retiree shall be deemed to have died as a natural and proximate result
of an accident sustained in the performance of duty and not as a result
of willful negligence on his or her part. Such retiree's eligible
beneficiary, as set forth in section three hundred sixty-one of this
title, shall be entitled to an accidental death benefit as provided by
section three hundred sixty-one of this title, however, for the purposes
of determining the salary base upon which the accidental death benefit
is calculated, the retiree shall be deemed to have died on the date of
his or her retirement. Upon the retiree's death, the eligible
beneficiary shall make a written application to the head of the
retirement system within the time for filing an application for an
accidental death benefit as set forth in section three hundred sixty-one
of this title requesting conversion of such retiree's service or
disability retirement benefit to an accidental death benefit. At the
time of such conversion, the eligible beneficiary shall relinquish all
rights to the prospective benefits payable under the service or
disability retirement benefit, including any post-retirement death
benefits, since the retiree's death. If the eligible beneficiary is not
the only beneficiary receiving or entitled to receive a benefit under
the service or disability retirement benefit (including, but not limited
to, post-retirement death benefits or benefits paid or payable pursuant
to the retiree's option selection), the accidental death benefit
payments to the eligible beneficiary will be reduced by any amounts paid
or payable to any other beneficiary.

i. Notwithstanding any other provision of this chapter or of any
general, special or local law, charter, administrative code or rule or
regulation to the contrary, if a member who: (1) has met the criteria of
subdivision g of this section; and (2) dies in active service from a
qualifying World Trade Center condition, as defined in section two of
this chapter, as determined by the applicable head of the retirement
system or applicable medical board to have been caused by such member's
participation in the World Trade Center rescue, recovery or cleanup
operations, as defined in section two of this chapter, then unless the
contrary be proven by competent evidence, such member shall be deemed to
have died as a natural and proximate result of an accident sustained in
the performance of duty and not as a result of willful negligence on his
or her part. Such member's eligible beneficiary, as set forth in section
three hundred sixty-one of this title, shall be entitled to an
accidental death benefit provided he or she makes written application to
the head of the retirement system within the time for filing an
application for an accidental death benefit as set forth in section
three hundred sixty-one of this title.