NY Ret & SS L § 63-H (2021)
2021 New York Laws RSS - Retirement and Social Security Article 2 - New York State Employees' Retirement System Title 7 - Death Benefits and Disability Retirement 63-H - Certain Impairments of Health; Presumption.

§  63-h.  Certain impairments of health; presumption. 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  condition of impairment of health   caused by: (1) diseases of the heart; or (2) any (i)  melanoma  or  (ii)   condition  of  cancer affecting the lymphatic, digestive, hematological,   urinary,  neurological,  breast,  reproductive   or   prostate   systems   resulting  in  disability to a member covered by this section, presently   employed, who successfully passed a physical examination on  entry  into   service  as  an  airport  firefighter apprentice, airport firefighter I,   airport firefighter II, airport firefighter III or training  and  safety   officer  which  examination  failed to reveal evidence of any disease or   other impairment of the heart or such melanoma or  condition,  shall  be   presumptive  evidence  that  it  was  incurred  in  the  performance and   discharge of duty, unless the contrary be proven by  competent  evidence   and  shall be paid a performance of duty disability retirement allowance   equal to that which is provided in section sixty-three  of  this  title,   subject to the provisions of section sixty-four of this title.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  lung, resulting in disability to a member   covered by this section, presently employed, who successfully  passed  a   physical  examination  on  entry  into service as an airport firefighter   apprentice, airport  firefighter  I,  airport  firefighter  II,  airport   firefighter III or training and safety officer, which examination failed   to  disclose  evidence  of  any disease or other impairment of the lung,   shall be presumptive evidence that it was incurred  in  the  performance   and  discharge  of  duty,  unless  the  contrary  be proven by competent   evidence and shall be paid a performance of duty  disability  retirement   allowance equal to that which is provided in section sixty-three of this   title, subject to the provisions of section sixty-four of this title.d.  After  the filing of 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. If the member, at the time of the filing of  such  application,  is   eligible  for a service retirement benefit, then and in that event, such   member may simultaneously file an application  for  service  retirement,   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.