New York Laws
Article 14 - Coordinated-Escalator Retirement Plan
507 - Accidental Disability Benefits.

(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.