New York Laws
Article 14 - Coordinated-Escalator Retirement Plan
507-B - Performance of Duty Disability Retirement.

(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.
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 retiree who:
1. has met the criteria of subdivision d 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 shall be reduced by any amounts
paid or payable to any other beneficiary.
f. 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 d 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, 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.