§ 605-d. Accidental disability retirement for chief fire marshals,
assistant fire marshals, division supervising fire marshals, supervising
fire marshals, fire marshals and fire marshal trainees in Nassau county.
a. A member employed as a chief fire marshal, assistant chief fire
marshal, division supervising fire marshal, supervising fire marshal,
fire marshal or fire marshal trainee in Nassau county shall be entitled
to an accidental disability retirement allowance if, at the time
application therefor is filed, such member is:

1. Physically or mentally incapacitated for performance of duty as the
natural and proximate result of an accident, unless the contrary be
proved by competent evidence, not caused by his or her own willful
negligence, sustained in such service and while actually a member of the
retirement system; and

2. Actually in service upon which his or her membership is based.
However, in a case where a member is discontinued from service
subsequent to the accident, either voluntarily or involuntarily, and
provided that the member meets the requirements of paragraph one of this
subdivision, application may be made not later than two years after the
member is first discontinued from service.

b. Application for an accidental disability retirement allowance for
such a member may be made by:

1. Such member; or

2. The head of the department in which such member is employed; or

3. Any person acting on behalf of and authorized by such member.

c. 1. After the filing of such an application, such member shall be
given one or more medical examinations. No such application shall be
approved, however, unless the member or some other person on his or her
behalf shall have filed written notice in the office of the comptroller
within ninety days after the accident, setting forth:

(a) The time when and the place where such accident occurred; and

(b) The particulars thereof; and

(c) The nature and extent of the member's injuries; and

(d) His or her alleged incapacity.

2. The notice herein required need not be given:

(a) If the notice of such accident shall be filed in accordance with
the provisions of the workers' compensation law of any state within
which a participating employer in Nassau county shall have its employees
located or performing functions and duties within the normal scope of
their employment; or

(b) If the application for accidental disability retirement is filed
within one year after the date of such accident; or

(c) If a failure to file notice has been excused for good cause shown
as provided by rules and regulations promulgated by the comptroller.

d. If the comptroller determines that the member is physically or
mentally incapacitated for the performance of duty and ought to be
retired for accidental disability, such member shall be so retired. Such
retirement shall be effective as of a date approved by the comptroller.

e. The annual retirement allowance payable upon accidental disability
retirement shall be a pension of three-quarters of his or her final
average salary. The payment of such pension shall be subject to the
provisions of section sixty-four of this chapter.

f. If the member, at the time of the filing of an application under
the provisions of subdivision b of this section, is eligible for a
service retirement benefit, then and in that event, he or she may
simultaneously file an application for service retirement in accordance
with the provisions of section seventy of this chapter, provided that
the member indicates on the application for service retirement that such
application is filed without prejudice to the application for accidental
disability retirement.

g. Notwithstanding any other provision of law, this section shall
apply to chief fire marshals, assistant chief fire marshals, division
supervising fire marshals, supervising fire marshals, fire marshals and
fire marshal trainees in Nassau county who were hired on or after July
twenty-seventh, nineteen hundred seventy-six.