NY Ret & SS L § 363-B (2021)
2021 New York Laws RSS - Retirement and Social Security Article 8 - New York State and Local Police and Fire Retirement System Title 8 - Death Benefits and Disability Retirement 363-B - State Police Disability Retirement Allowance.

§ 363-b. State police disability retirement allowance. a. Every member or  officer  of the division of state police in the executive department who becomes physically or mentally incapacitated for the performance  of duty  prior  to  July  first,  nineteen  hundred  seventy-four, shall be covered by the provisions of this section in lieu of the  provisions  of section  three  hundred  sixty-two  or three hundred sixty-three of this article; except, however, any such member or officer who last entered or reentered the New York state and local police and fire retirement system or  transferred  total  service  credits  as  defined   in   subdivision thirty-four  of section three hundred two of this article to such system prior to service in the division of state police, or, in the case  of  a member  in  a  collective  negotiating unit consisting of members of the state police below the rank of lieutenant and  established  pursuant  to article  fourteen  of  the  civil service law, last entered or reentered service in  the  division  prior  to  May  thirtieth,  nineteen  hundred seventy-two,  shall  be  entitled  to  apply  for  disability retirement pursuant to such sections and to receive the benefit so payable in  lieu of the benefit payable pursuant to this section.   b.  Eligibility.  A  member  or  officer  shall be entitled to a state police disability retirement  allowance  if,  at  the  time  application therefor is filed, he is:   1. Under age sixty, and   2. (a) Physically or mentally incapacitated for performance of duty as the  natural  and  proximate result of a disability not caused by his or her own willful negligence sustained in such service and while  actually a member of the police and fire retirement system, or  (b)  Physically or mentally incapacitated for performance of duty as a result of a disability that was not sustained in such service,  and  has at least five years of total service credit in the division, and   3.  Actually  in  service upon which his membership is based, or, have been discontinued from service, either voluntarily or involuntarily  for not more than ninety days provided the member was disabled prior to such discontinuance,  or  is  a  vested member incapacitated as a result of a qualifying World Trade Center condition as defined  in  section  two  of this  chapter.  However,  in  a case where a member is discontinued from service, either voluntarily or involuntarily, subsequent to sustaining a disability in such service, application may be made not later  than  two years  after  the  member is discontinued from service and provided that the member meets the requirements  of  subdivisions  a  and  b  of  this section.   c.  Application.  Application for a state police disability retirement allowance may be made by:   1. Such member, or   2. The superintendent of state police or his designee, or   3. A person acting on behalf of and authorized by such member.   d.  Verification  of  disability.  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 pursuant to subdivision b of this section and ought to  be  retired,  he shall  be  so  retired.  Such retirement shall be effective as of a date approved by the comptroller.   e. Upon retirement pursuant to  this  section  one  of  the  following retirement allowances shall be payable:   1.  If  a  member  has  completed  twenty  or more years of creditable service and is eligible for service retirement his retirement  allowance shall  be  equal  to  that  which  he would have received in the case of service retirement.    2. If a member is not eligible for a service retirement  as  specified in  paragraph  one  of  this subdivision, his retirement allowance shall consist of:  (a) An annuity which shall be the actuarial equivalent of the member's accumulated  contributions  attributable  to  service  rendered prior to April first, nineteen hundred sixty as provided  pursuant  to  paragraph four  of  subdivision  b  of  section three hundred eighty-one-b of this article plus  (b) A pension which together with such annuity provides  an  allowance equal to one-half of his final average salary.   3.  Notwithstanding  the  provisions  of  this  subdivision,  a member transferred to the division of state police pursuant to a chapter of the laws of  nineteen  hundred  ninety-seven  who  files  for  a  disability retirement  under  this  section  for  a  physical  or mental incapacity attributable to an injury or  incident  which  occurred  prior  to  such transfer,  shall  be  eligible  to  file  for  the disability retirement benefits attributable to the plan applicable to such member  before  the transfer.  In  the case of a member transferred to the division pursuant to said chapter who files for a disability retirement under this section for a physical  or  mental  incapacity  attributable  to  an  injury  or incident   which  occurs  after  such  transfer,  for  the  purposes  of calculating service credit required by subparagraph (b) of paragraph two of subdivision b of this section, service in the capital police force in the office of general  services  shall  be  considered  service  in  the division.   f.  If  the  member, at the time of the filing of an application under the provisions of subdivision  c  hereof,  is  eligible  for  a  service retirement  benefit,  then and in that event, he may simultaneously file an application for service retirement in accordance with the  provisions of section three hundred eighty-one-b of this article, provided that the member  indicates  on  the  application for service retirement that such application is filed without prejudice to the application for the  state police disability retirement allowance.   g.  Any  benefit  provided  pursuant  to  this  section  shall  not be considered as an accidental disability benefit  within  the  meaning  of section  three  hundred sixty-four of this article. Any benefits payable pursuant to the workmen's  compensation  law  to  a  member  or  officer receiving  a  disability  allowance pursuant to this section shall be in addition to such state police disability allowance,  provided,  however, that  in  the  event  the  disabled  retired  member is also entitled to disability benefits under the federal social security act, and  the  sum of   the   disability   retirement  allowance,  supplemental  retirement allowance,  workmen's  compensation  benefit,  and  the  primary  social security  disability  insurance benefit exceeds final salary, as defined in subdivision e, section four hundred two of this article, that portion of the pension which increases the combined benefit above  final  salary shall  be  suspended  for  the  duration of the period that the combined benefit would so exceed final salary.