NY Ret & SS L § 63-G (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-G - Performance of Duty Disability Retirement.

§  63-g.  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 article, 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 title. 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.