2023 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.