§ 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.

Terms Used In N.Y. Retirement and Social Security Law 63-B

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • member: shall include each person who during the qualifying period was in the employment of a public employer which then participated for such employees in a public retirement system in this state, irrespective of whether the person was a participant in such system at that time, provided that the person has become a participant in such retirement system and has purchased service credit for a period of time that includes some or all of the qualifying period in accordance with provisions of law applicable to such purchase of service credit. See N.Y. Retirement and Social Security Law 2

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.

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