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-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; 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 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.
* NB There are 2 § 63-g's