Retirement for accident disability.
NYC Admin. Code § 13-551
in effect§ 13-551 Retirement for accident disability.
a. Subject to the provisions of subdivision b of this section, medical examination of a contributor in city-service accident disability and investigation of all statements and certifications by such contributor or on his or her behalf in connection therewith shall be made upon the application of the head of the agency in which the contributor is employed, or upon the application of a contributor or a person acting in his or her behalf:
(1) stating that such contributor is physically or mentally incapacitated for the performance of city-service, as a natural and proximate result of such city-service; and
(2) certifying the time, place and conditions of such city-service performed by such contributor resulting in such alleged disability and that such alleged disability was not the result of wilful negligence on the part of such contributor and that such contributor should, therefore, be retired.
b. The provisions of this section shall apply only where such application is based on an accident which occurred on or after July first, nineteen hundred seventy.
c. Any such application shall be filed within two years after the happening of such accident except if filed by a vested member incapacitated as a result of a qualifying World Trade Center condition as defined in section two of the retirement and social security law.
d. If such medical examination and investigation shows that any such contributor, by whom or with respect to whom an application is filed under this section, is physically or mentally incapacitated for the performance of city-service as a natural and proximate result of an accidental injury received in such city-service by reason of an accident which occurred on or after July first, nineteen hundred seventy and while a contributor, and that such disability was not the result of wilful negligence on the part of such contributor and that such contributor should be retired, the medical board shall so certify to the retirement board stating the time, place and conditions of such city-service performed by such contributor resulting in such disability, and the retirement board shall retire such contributor for accident disability forthwith.
e. If such application is denied solely on the ground that such contributor is not, at the time of such examination, physically or mentally incapacitated for the performance of city-service, such application may thereafter be renewed during such contributor's city-service at any time within five years from the happening of the accident but preceding the date on which such member shall have become eligible for service retirement, provided he or she submits himself or herself to such further examinations as the medical board may require.
f. (1) (a) Notwithstanding any provisions of this code or of any general, special or local law, charter or rule or regulation to the contrary, if any condition or impairment of health is caused by a qualifying World Trade Center condition as defined in section two of the retirement and social security law, it shall be presumptive evidence that it was incurred in the performance and discharge of duty and the natural and proximate result of an accident not caused by such member's own willful negligence, unless the contrary be proved by competent evidence.
(b) The retirement board 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 the retirement and social security law, and subsequently retired on a service retirement, an ordinary disability retirement, an accidental disability retirement, a performance of duty disability retirement, or was separated from service with a vested right to deferred payability of a retirement allowance and subsequent to such retirement or separation is determined by the head of the retirement system to have a qualifying World Trade Center condition, as defined in section two of the retirement and social security law, upon such determination by the retirement board, 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 or vested had the condition been known and fully developed at the time of the member's retirement or separation from service with vested rights, unless the contrary is proven by competent evidence.
(b) The retirement board shall consider a reclassification of the member's retirement or vesting 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 retirement board according to procedures developed by the retirement board.
(e) The retirement board is hereby authorized to promulgate rules and regulations to implement the provisions of this paragraph.
g. 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 or vestee who: (1) has met the criteria of subdivision f of this section and retired on a service or disability retirement, would have met the criteria if not already retired on an accidental disability, or was separated from service with a vested right to deferred payability of a retirement allowance; and (2) has not been retired for more than thirty-five years; and (3) dies from a qualifying World Trade Center condition, as defined in section two of the retirement and social security law, 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 or vestee 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 such retiree's or vestee's part. Such retiree's or vestee's eligible beneficiary, as set forth in section 13-544 of this chapter, shall be entitled to an accidental death benefit as provided by section 13-544 of this chapter, however, for the purposes of determining the salary base upon which the accidental death benefit is calculated, the retiree or vestee shall be deemed to have died on the date of such retiree's or vestee's retirement or separation from service with vested rights. Upon the retiree's or vestee'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 13-544 of this chapter requesting conversion of such retiree's service, vested right 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, or vested right to such benefit, including any post-retirement death benefits, since the retiree's or vestee'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), or that will be eligible under the vested right, the accidental death benefit payments to the eligible beneficiary will be reduced by any amounts paid or payable to any other beneficiary.
h. Notwithstanding any other provision of this code or of any general, special or local law, charter, or rule or regulation to the contrary, if a member who: (1) has met the criteria of subdivision f of this section; (2) dies in active service or after separating from service with a vested right to deferred payability of a retirement allowance, but prior to the payability of that retirement allowance; and (3) dies from a qualifying World Trade Center condition, as defined in section two of the retirement and social security law, 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 13-544 of this chapter, 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 13-544 of this chapter.
(Am. 2026 N.Y. Laws Ch. 295, 9/10/2026, eff. 9/10/2026)
Source: City of New York, Charter, Administrative Code and Rules (American Legal Publishing XML export, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/newyorkcity/latest/NYCadmin/0-0-0-23074Fetched: 10/24/2026