State Codes and Statutes

Statutes > New-york > Rss > Article-15 > 607-a

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

State Codes and Statutes

Statutes > New-york > Rss > Article-15 > 607-a

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

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Rss > Article-15 > 607-a

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