§ 507-c. Performance of duty disability retirement; New York city
department of correction. a. Any member in the uniformed personnel in
institutions under the jurisdiction of the New York city department of
correction, who becomes physically or mentally incapacitated for the
performance of duties as the natural and proximate result of an injury,
sustained in the performance or discharge of his or her duties by, or as
a natural and proximate result of, an act of any incarcerated individual
or any person confined in an institution under the jurisdiction of the
department of correction or the department of health, or by any person
who has been committed to such institution by any court shall be paid a
performance of duty disability retirement allowance equal to
three-quarters of final average salary, subject to the provisions of
section 13-176 of the administrative code of the city of New York,
provided, however, that the provisions of this section shall not apply
to a member of the uniformed force of the New York city department of
correction who is a New York city uniformed correction/sanitation
revised plan member.

b. Notwithstanding any provision of this chapter or of any general or
special law to the contrary, a member covered by this section who
contracts HIV (where there may have been an exposure to a bodily fluid
of an incarcerated individual or a person described in subdivision a of
this section as a natural and proximate result of an act of any
incarcerated individual or person described in subdivision a of this
section that may have involved transmission of a specified transmissible
disease from an incarcerated individual or such person described in such
subdivision a to the retirement system member), tuberculosis or
hepatitis will be presumed to have contracted such disease in the
performance or discharge of his or her duties, and will be presumed to
be disabled from the performance of his or her duties, unless the
contrary be proved by competent evidence.

c. 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 head of the retirement system 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, a performance of duty disability
retirement, or was separated from service with a vested right to
deferred payability of a retirement allowance and subsequent to such
retirement or separation which is determined by the head of the
retirement system to have been a qualifying World Trade Center
condition, as defined in section two of this chapter, upon such
determination by the head of the retirement system, 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 or vested
had the condition been known and fully developed at the time of the
member's retirement or separation from service with vested rights,
unless the contrary is proved by competent evidence.

(b) The head of the retirement system shall consider a
reclassification of the member's retirement or vesting 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 head of the retirement system
according to procedures developed by the head of the retirement system.

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

d. 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 or vestee who: (1) has met the
criteria of subdivision c of this section and retired on a service or
disability retirement, would have met the criteria if not already
retired on an accidental disability, or was separated from service with
a vested right to deferred payability of a retirement allowance; 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, that is determined by the applicable head of the
retirement system or applicable medical board, then unless the contrary
be proven by competent evidence, such retiree or vestee 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 or vestee'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 or
vestee shall be deemed to have died on the date of his or her retirement
or separation from service with vested rights. Upon the retiree's or
vestee'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, vested right 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, or vested
right to such benefit, including any post-retirement death benefits,
since the retiree's or vestee'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), or that will be eligible
under the vested right the accidental death benefit payments to the
eligible beneficiary will be reduced by any amounts paid or payable to
any other beneficiary.

e. 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 c of this section; (2) dies in active service or after
separating from service with a vested right to deferred payability of a
retirement allowance, but prior to the payability of that retirement
allowance; and (3) dies from a qualifying World Trade Center condition,
as defined in section two of this chapter, that is determined by the
applicable head of the retirement system or applicable medical board,
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.