2023 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; or
3. 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