New York Laws
Article 15 - Coordinated Retirement Plan
607-A - Performance of Duty Disability Retirement.

§ 607-a. Performance of duty disability retirement. a. Any security
hospital treatment assistant, as that term is defined in subdivision i
of section eighty-nine of this chapter, 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 person confined in an institution under the
jurisdiction of the 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 chapter, subject to the
provisions of section sixty-four of this chapter.

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 such subdivision a that
may have involved transmission of a specified transmissible disease from
an incarcerated individual or such person described in such 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 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.

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