2023 New York Laws › MIL - Military › Article 10 - Pay and Allowances › 217 - Pensions.

§ 217. Pensions.  1. Any member of the organized militia who (a) shall
be disabled or has been so disabled in the  performance  of  any  actual
service of this state within three years preceding the application for a
pension  under  this  chapter,  in case of riots, tumults, breach of the
peace, resistance to process, invasion, insurrection or imminent  danger
thereof,  or  whenever  called  upon in aid of the civil authorities, or
while engaged in any  lawfully  ordered  parade,  drill,  encampment  or
inspection,  shall,  upon proof of the fact, as hereinafter provided, be
placed on the disability retired roll of the state and shall receive out
of any moneys in the treasury of the state, not otherwise  appropriated,
upon  the  approval  of the chief of staff and approval of the governor,
the same pension or reward  that  persons  under  similar  circumstances
receive from the United States, or
(b) was activated on state active duty on or after September eleventh,
two  thousand  one,  to  participate  in World Trade Center site rescue,
recovery, or cleanup operations as part of such state active  duty,  and
who  is  determined  to  have  incurred  a qualifying World Trade Center
condition, as hereinafter provided, shall be entitled to  a  performance
of  duty disability pension equivalent to three-quarters of the member's
final annual pay as provided for under this chapter.  The  deadline  for
submitting  any  qualifying  claim  under  this paragraph shall be on or
before September eleventh, two thousand twenty-six. The adjutant general
of  the  division  of  military  and  naval  affairs  is  authorized  to
promulgate regulations to implement the provisions of this section.
2.  In  case any such member of the organized militia (a) shall die as
the result of any such wound, injury or disease within one year after it
has been incurred or contracted, the surviving  spouse,  children  under
twenty-one  years  of  age  or  dependent  parent  of such member of the
organized militia shall receive such pension and reward as persons under
similar circumstances receive from the United States, or
(b) was activated on state active duty on or after September eleventh,
two thousand one, to participate in  World  Trade  Center  site  rescue,
recovery,  or  cleanup operations as part of such state active duty, and
whose death is determined to be the result  of  incurring  a  qualifying
World  Trade  Center  condition,  as hereinafter provided, the surviving
spouse, children under twenty-one years of age or  dependent  parent  of
such  member of the organized militia shall be entitled to an accidental
death benefit equivalent to one-half of the member's final annual pay as
provided under this chapter. The deadline for submitting any  qualifying
claim under this paragraph shall be on or before September eleventh, two
thousand  twenty-six.  The  adjutant general of the division of military
and naval affairs is authorized to promulgate regulations  to  implement
the provisions of this section.
3.  None  of  the benefits provided by subdivision two of this section
shall be paid or allowed unless a claim therefor  is  presented  to  the
chief  of staff within one year after the date of death of the member of
the organized militia. None of the benefits provided by subdivision  one
of  this  section or on a rehearing of a pension claim under section two
hundred nineteen of this article shall be  paid  or  allowed  while  the
applicant is on the active list.
4.  If any member of the militia shall die while in the active service
of the state, his reasonable funeral expenses, in the same amount as  is
paid  under  similar circumstances by the United States shall be paid by
the state, in such manner as the governor may direct.
5. None of the benefits provided by this section and  by  section  two
hundred  nineteen  of this article shall be allowed or paid by the state
when such benefits are paid from federal  funds.  Nothing  contained  in
this article shall be deemed to make applicable any of the provisions of

the  war  risk insurance law of the United States. The pension or reward
to be allowed under this section shall  be  that  provided  for  by  the
appropriate  retirement  or  pension laws of the United States so far as
the same may be applicable in substance, without regard to form.
6. Before the name of any person is placed upon the disability retired
roll  of  the  state  under  this  section,  proof  shall  be made under
regulations issued pursuant  to  this  chapter  that  the  applicant  is
entitled  to such pension or reward; provided, however, that in the case
of the death or disability of a member  of  the  organized  militia  who
participated   in  World  Trade  Center  rescue,  recovery,  or  cleanup
operations, and  in  which  such  death  or  disability  is  determined,
pursuant  to  regulations  issued  under  this chapter, to have been the
result of a qualifying World Trade Center  condition,  then  unless  the
contrary is proved by competent evidence, it shall be presumed that such
death  or disability was the natural and proximate result of an accident
sustained in the performance of actual service of this state and not  as
a  result of willful negligence on the part of such member. The chief of
staff, with the approval of the governor, shall  cause  to  be  stricken
from   such  roll  the  name  of  any  person  whenever  it  appears  by
satisfactory proof that such name was put upon such roll  through  false
or  fraudulent representations. The chief of staff, with the approval of
the governor, may increase, reduce or withdraw  any  pension  or  reward
according  to  the right and justice and the practice under the laws and
regulations of the United States.
7. Any member of the organized militia who on or after  the  effective
date  of  this article is awarded a pension under the provisions of this
section and who subsequent to  such  award  requires  further  care  and
medical   attendance  by  reason  of  such  wound,  injury,  disease  or
disability, may, upon application to and upon approval by the  chief  of
staff,  be  allowed,  in  addition to such pension, actual and necessary
expenses for care and medical  attendance  resulting  from  such  wound,
injury,  disease  or  disability  until such time as the disability upon
which the pension was awarded cannot  be  materially  improved  by  such
further care or treatment.
8. For the purposes of this section:
(a)  "Qualifying World Trade Center condition" shall mean a qualifying
condition or impairment of health resulting in disability to a member of
the organized militia who participated in  World  Trade  Center  rescue,
recovery, or cleanup operations for a qualifying period.
(b)  "Qualifying  condition  or  impairment  of  health"  shall mean a
qualifying physical condition, or a qualifying psychological  condition,
or both.
(c)  "Qualifying  physical  condition"  and  "qualifying psychological
condition" shall have the same meaning as  such  terms  are  defined  in
subdivision  thirty-six  of  section  two  of  the retirement and social
security law.
(d) "Participated in World Trade Center rescue, recovery,  or  cleanup
operations"  shall  mean  any  member  of the organized militia who: (i)
participated in the rescue, recovery, or cleanup operations at the World
Trade Center site; (ii) worked at the Fresh Kills Land Fill in New York;
(iii) worked at the New York city morgue or the temporary morgue on pier
locations on the west side of Manhattan; (iv) manned the barges  between
the west side of Manhattan and the Fresh Kills Land Fill in New York; or
(v)  repaired, cleaned or rehabilitated vehicles or equipment, including
emergency vehicle radio equipment owned by the city  of  New  York  that
were  contaminated  by debris in the World Trade Center site, regardless
of whether the work on the repair, cleaning or  rehabilitation  of  said
vehicles and equipment was performed within the World Trade Center site,

provided  such  work  was  performed  prior  to  decontamination of such
vehicles or equipment.
(e)  "World  Trade  Center  site"  shall  mean  anywhere  below a line
starting from the Hudson River and Canal Street; east on Canal Street to
Pike Street; south on Pike Street to the East River;  and  extending  to
the lower tip of Manhattan.
(f)  "Qualifying period" shall mean: (i) any period of time within the
forty-eight hours after the first airplane hit the  towers;  or  (ii)  a
total  of  forty  hours accumulated any time between September eleventh,
two thousand one and September twelfth, two thousand two.