§ 605-a. Accidental disability retirement for uniformed court officers
and peace officers employed in the unified court system. a. A member
employed as a uniformed court officer or peace officer in the unified
court system shall be entitled to an accidental disability retirement
allowance if, at the time application therefor is filed, such member 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 retirement system; and

2. Actually in service upon which his or her 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.

For purposes of this subdivision, a member who is injured as the
result of a physical assault by an assailant, suffered while in service
shall be entitled to accidental disability retirement unless the
contrary can be proven by competent evidence under this section.

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. Any person acting on behalf of and authorized by such member.

c. 1. 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:

(a) The time when and the place where such accident occurred; and

(b) The particulars thereof; and

(c) The nature and extent of the member's injuries; and

(d) His or her alleged incapacity.

2. The notice herein required need not be given:

(a) If the 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

(b) If the application for accidental disability retirement is filed
within one year after the date of such accident; or

(c) 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 annual retirement allowance payable upon accidental disability
retirement shall be a pension of three-quarters of his final average
salary. The payment of such pension shall be subject to the provisions
of section sixty-four of this chapter.

f. If the member, at the time of the filing of an application under
the provisions of subdivision b of this section, 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 provision 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. Notwithstanding any other provision of law, this section shall
apply to uniformed court officers and peace officers employed in the
unified court system who were hired on or after July twenty-seven,
nineteen hundred seventy-six.

h. 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.

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 retiree who: (1) has met the criteria
of subdivision h 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 six hundred one of this article,
shall be entitled to an accidental death benefit as provided by section
six hundred seven 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 six hundred seven 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.

j. 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 h 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
six 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 six hundred seven of
this article.