2023 New York Laws › RSS - Retirement and Social Security › Article 8 - New York State and Local Police and Fire Retirement System › Title 8 - Death Benefits and Disability Retirement › 363-C - Retirement for Disability Incurred in Performance of Duty.

§ 363-c. Retirement for disability incurred in performance of duty. a.
After  January first, nineteen hundred eighty-five, a member who becomes
physically or mentally incapacitated for the performance of  duty  shall
be  covered  by the provisions of this section in lieu of the provisions
of section three hundred sixty-three of this article;  except,  however,
any  such  member  who  last entered or re-entered service prior to that
date shall be entitled to apply for disability  retirement  pursuant  to
such  section  and  to  receive  the  benefit  so payable in lieu of the
benefit payable pursuant to this section.
b.  Eligibility.  A  member  shall  be  entitled  to  retirement   for
disability  incurred  in  the  performance  of  duty  if,  at  the  time
application therefor is filed, he is:
1. Physically or mentally incapacitated for performance of duty as the
natural and proximate result of a disability not caused by  his  or  her
own  willful  negligence  sustained in such service and while actually a
member of the police and fire retirement system, and
2. Actually in service upon which his membership is based. However, in
a case where a member is discontinued from service,  either  voluntarily
or involuntarily, subsequent to sustaining a disability in such service,
application  may  be  made  not later than two years after the member is
discontinued from  service  and  provided  that  the  member  meets  the
requirements of subdivision a of this section and this subdivision.
c.  Application. Application for retirement for disability incurred in
performance of duty may be made by:
1. Such member, or
2. The head of the department in which such member is employed.
d.  Verification  of  disability.  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
pursuant to subdivision b of this section and ought to  be  retired,  he
shall  be  so  retired.  Such retirement shall be effective as of a date
approved by the comptroller.
e. (a) No such application shall  be  approved,  however,  unless  the
member  or  some  other  person  on  his behalf shall have filed written
notice in the office of the comptroller within  ninety  days  after  the
occurrence  which  is  the  basis  for  the  disability  incurred in the
performance of duty, setting forth:
1. The time, date and place of such occurrence, and
2. The particulars thereof, and
3. The nature and extent of the member's injuries, and
4. The alleged disability.
(b) The notice herein required need not be given:
1. If notice of such occurrence shall be filed in accordance with  the
provisions  of the workers' compensation law of any state within which a
participating employer shall have its employees  located  or  performing
functions and duties within the normal scope of their employment, or
2.  If  the  application for retirement for disability incurred in the
performance of duty is filed within one  year  after  the  date  of  the
occurrence which forms the basis for the application, or
3.  If  a failure to file notice has been excused for good cause shown
as provided by rules and regulations promulgated by the comptroller.
(c) Notwithstanding any other provision of law to  the  contrary,  the
provisions  of this subdivision shall apply to all occurrences before or
after the effective date of this section.
f. The retirement allowance payable  upon  retirement  for  disability
incurred  in  the  performance  of  duty  shall  consist of a pension of

one-half of his final average salary plus an annuity which shall be  the
actuarial equivalent of the member's accumulated contributions, if any.
g.  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,  he  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 the
retirement for disability incurred in performance of duty.
h. The provisions of  this  section  and  the  benefits  provided  for
therein  shall  not  be  applicable  to  members  who are subject to the
provisions of section three hundred sixty-three-b of this article.
i. Any  benefit  provided  pursuant  to  this  section  shall  not  be
considered  as  an  accidental  disability benefit within the meaning of
section three hundred sixty-four of this article.  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.
j. A final determination of the comptroller that  the  member  is  not
entitled  to  retirement  benefits pursuant to this section shall not in
any respect be, or constitute, a determination with regard  to  benefits
payable  pursuant  to section two hundred seven-a or section two hundred
seven-c of the general municipal law.