§ 507. Accidental disability benefits. a. A member in active service,
or a vested member incapacitated as the result of a qualifying World
Trade Center condition as defined in section two of this chapter, who is
not eligible for a normal service retirement benefit shall be eligible
for the accidental disability benefit described in subdivision c of this
section if such member has been determined to be eligible for primary
social security disability benefits and was disabled as the natural and
proximate result of an accident sustained in such active service and not
caused by such member's own willful negligence; provided, however, that
no member of the New York state teachers' retirement system, the New
York city employees' retirement system, the New York city board of
education retirement system, the New York city teachers' retirement
system or the New York state and local employees' retirement system who
is otherwise eligible for accidental disability benefits pursuant to
this section shall be deemed to be ineligible for such benefits because
such member is eligible for a normal service retirement benefit.

b. A police/fire member in active service, a New York city uniformed
correction/sanitation revised plan member in active service or an
investigator revised plan member in active service, or a vested member
incapacitated as the result of a qualifying World Trade Center condition
as defined in section two of this chapter, who is not eligible for a
normal service retirement benefit shall be eligible for the accidental
disability benefit either as provided in subdivision a of this section
or if such member is physically or mentally incapacitated for
performance of duty as the natural and proximate result of an accident
sustained in such active service and not caused by such member's own
willful negligence.

c. 1. In the case of a member of a retirement system other than the
New York state and local employees' retirement system, the New York
state teachers' retirement system, the New York city employees'
retirement system, the New York city board of education retirement
system or the New York city teachers' retirement system, or in the case
of a member of the New York city employees' retirement system who is a
New York city uniformed correction/sanitation revised plan member or an
investigator revised plan member, the accidental disability benefit
hereunder shall be a pension equal to two percent of final average
salary times years of credited service which such member would have
attained if employment had continued until such member's full escalation
date, not in excess of the maximum years of service creditable for the
normal service retirement benefit, less (i) fifty percent of the primary
social security disability benefit, if any, as provided in section five
hundred eleven of this article, and (ii) one hundred percent of any
workers' compensation benefits payable. The provisions of this paragraph
shall not apply to New York city enhanced plan members.

2. In the case of a member of the New York state and local employees'
retirement system, the New York state teachers' retirement system, the
New York city employees' retirement system (other than a New York city
uniformed correction/sanitation revised plan member or an investigator
revised plan member), the New York city board of education retirement
system or the New York city teachers' retirement system, the accidental
disability benefit hereunder shall be a pension equal to sixty percent
of final average salary, less (i) fifty percent of the primary social
security disability benefit, if any, as provided in section five hundred
eleven of this article, and (ii) one hundred percent of any workers'
compensation benefits payable. In the event a disability retiree from
any retirement system is not eligible for the primary social security
disability benefit and continues to be eligible for disability benefits
hereunder, such disability benefit shall be reduced by one-half of such
retiree's primary social security retirement benefit, commencing at age
sixty-two, in the same manner as provided for service retirement
benefits under section five hundred eleven of this article.

3. In the case of a New York city enhanced plan member, the accidental
disability benefit hereunder shall be a pension equal to seventy-five
percent of final average salary, less one hundred percent of any
workers' compensation benefits payable.

d. If a member shall cease to be eligible for primary social security
benefits before attaining age sixty-five, or, if receipt of social
security benefits is not a condition for disability benefits hereunder,
shall engage in such employment or business activity as would render
such member ineligible for social security disability benefits (had he
or she otherwise been eligible), benefits hereunder shall cease.
Provided, however, if such member is otherwise eligible, the state civil
service department or appropriate municipal commission shall place the
name of such person, as a preferred eligible, on the appropriate
eligible lists prepared by it for positions for which such person is
stated to be qualified in a salary grade not exceeding that from which
such person retired. In such event, disability benefits shall be
continued for such member until such member first shall be offered a
position in public service at such salary grade.

e. A member, except a New York city enhanced plan member, shall not be
eligible to apply for disability benefits under section five hundred six
or this section unless such member shall, at the time of application,
sign a waiver prepared by the retirement system and approved by the
administrative head of such system pursuant to which such member agrees
to waive the benefits of any statutory presumption relating to the cause
of disability or eligibility for disability benefits, and a
determination of eligibility for benefits hereunder shall be made
without regard to any such statutory provision.

f. If disability benefits hereunder are conditioned upon eligibility
for receipt of primary social security disability benefits, benefits
hereunder shall commence at the time that primary social security
disability benefits commence. If disability benefits hereunder are not
conditioned upon eligibility for receipt of primary social security
disability benefits, benefits hereunder shall commence as of the date of
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 or applicable retirement system board of trustees
are hereby authorized to promulgate rules and regulations for their
respective retirement systems to implement the provisions of this
paragraph.

2. (a)(1) 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 or applicable retirement system board of trustees 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 or applicable retirement system board of trustees
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 or applicable
retirement system board of trustees according to procedures developed by
the comptroller or applicable retirement system board of trustees.

(e) The comptroller or applicable retirement system board of trustees
is hereby authorized to promulgate rules and regulations for their
respective retirement systems 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 five hundred one of this article,
shall be entitled to an accidental death benefit as provided by section
five hundred nine of this article, 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 five hundred nine of this article
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.

h-1. Notwithstanding any other law, rule or regulation to the
contrary, any member who had an active membership in the New York state
and local employees' retirement system or the New York state teachers'
retirement system, when such member participated in World Trade Center
rescue, recovery, or cleanup operations, as such participation is
defined in section two of this chapter, who incurred a qualifying World
Trade Center condition, as defined in section two of this chapter, that
is determined to have been incurred in the performance and discharge of
duty and is the natural and proximate result of an accident not caused
by such member's own willful negligence, shall be paid a performance of
duty disability retirement allowance equal to three-quarters of final
average salary. The payment of such pension shall be subject to the
provisions of section sixty-four of this chapter.

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
five hundred one of this article, 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 five hundred nine of
this article.

j. Notwithstanding any inconsistent provision of this chapter or any
law, any condition of impairment of health caused by diseases of the
lung, resulting in disability or death to a member of the New York city
fire department pension fund who is a New York city enhanced plan
member, who successfully passed a physical examination on entry into
service as a firefighter, which examination failed to disclose evidence
of any disease or other impairment of the lung, shall be presumptive
evidence that it was incurred in the performance and discharge of duty,
unless the contrary be proved by competent evidence.