§ 63-b. Performance of duty disability retirement; certain county
employees. a. A member employed by a county shall be eligible for a
performance of duty disability retirement if the county elects to make
the benefits provided herein available, as provided for in subdivision d
of this section, and such member is a sheriff, deputy sheriff,
undersheriff or correction officer.

b. Any sheriff, deputy sheriff, undersheriff, or correction officer as
defined in subdivision a of this section, 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 such county, 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.

c. 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 defined in subdivision b of
this section as a natural and proximate result of an act of any
incarcerated individual or person described in such subdivision b that
may have involved transmission of a specified transmissible disease from
an incarcerated individual or person described in such subdivision b 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.

d. 1. Each county that elects pursuant to the provisions of this
subdivision shall pay the cost attributable therefor.

2. The performance of duty disability retirement as defined in
subdivisions b and c of this section shall be available only to
sheriffs, deputy sheriffs, undersheriffs and correction officers whose
employer elects to provide such benefits by adopting a resolution to
such effect and filing a certified copy thereof with the comptroller.
Such resolution shall be accompanied by the affidavit of the chief
executive officer of the county that the county has received an estimate
from the retirement system of the cost of the benefit provided by this
section.

3. Such resolution shall apply only to those members as defined in
subdivisions a and b of this section.