NY Ret & SS L § 607-J-3 (2021)
2021 New York Laws RSS - Retirement and Social Security Article 15 - Coordinated Retirement Plan 607-J*3 - Performance of Duty Disability Retirement.

* § 607-j. Performance of duty disability retirement. a. Any member of   the  retirement  system  employed  by the division of military and naval   affairs shall be eligible to retire pursuant to the provisions  of  this   section  if  he  or  she  is  an airport firefighter apprentice, airport   firefighter I,  airport  firefighter  II,  airport  firefighter  III  or   training and safety officer.b.  Notwithstanding any provision of this chapter or of any general or   special law to the  contrary,  any  member  who  becomes  physically  or   mentally  incapacitated  as the result of a disability, who is presently   employed and who shall have sustained such disability while so  employed   and while actually a member of the retirement system, provided that such   disability  or  death (A) was caused by the natural and proximate result   of a disability, not caused by such firefighter's own willful negligence   and (B) was incurred in the performance and discharge  of  duty,  unless   the   contrary  be  proven  by  competent  evidence,  shall  be  paid  a   performance of duty disability retirement benefit  payable  pursuant  to   this section.c.  Application  for  a  performance  of  duty  disability  retirement   allowance for such a member may be made by:1. Such member;2. The head of the department in which such member is employed; or3. Some person acting on behalf of and authorized by such member.d. After the filing of such an application such member shall be  given   one or more medical examinations. If the comptroller determines that the   member  is  physically  or mentally incapacitated for the performance of   duty and ought to be retired for performance of  duty  disability,  such   member  shall  be so retired. Such retirement shall be effective as of a   date approved by the comptroller.e. The retirement allowance payable upon retirement for performance of   duty disability shall consist of a pension of one-half  of  his  or  her   final  average  salary  plus  an  annuity  which  shall be the actuarial   equivalent of such member's accumulated contributions, if any.f. If the member, at the time of the filing of  an  application  under   the  provisions  of  subdivision  c  of  this section, is eligible for a   service retirement benefit, then and in  that  event,  such  member  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   performance of duty disability retirement.g. Any  benefit  provided  pursuant  to  this  section  shall  not  be   considered  as  an  accidental  disability benefit within the meaning of   section sixty-four of this chapter. Any benefit payable pursuant to  the   workers'  compensation  law to a member receiving a disability allowance   pursuant to this section shall be in addition  to  such  retirement  for   disability incurred in performance of duty allowance.* NB There are 3 § 607-j's