§ 63-a. Performance of duty disability retirement. a. Any member in
the uniformed personnel in institutions under the jurisdiction of the
department of corrections and community supervision or a security
hospital treatment assistant, as those terms are defined in subdivision
i of section eighty-nine of this article, 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 the 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 corrections and
community supervision or office of mental 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 that which
is provided in section sixty-three of this title, subject to the
provisions of section sixty-four of this title.

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 that may
have involved transmission of a specified transmissible disease from an
incarcerated individual or such person described in 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. Notwithstanding any provision of this chapter or of any general
or special law to the contrary, any condition of impairment of health
caused by diseases of the heart, resulting in disability or death to a
member covered by this section, presently employed and who shall have
sustained such disability while so employed, who successfully passed a
physical examination on entry into service as a correction officer or
security hospital treatment assistant, which examination failed to
disclose evidence of any disease or other impairment of the heart, shall
be presumptive evidence that it was incurred in the performance and
discharge of duty, unless the contrary be proved by competent evidence.

* NB Expired and repealed July 1, 2001. § 480 of Retirement and Social
Security Law extends disability benefits implemented by former § 63-c.