2023 New York Laws › RSS - Retirement and Social Security › Article 15 - Coordinated Retirement Plan › 607-K - Certain Impairments of Health; Presumption.

§  607-k. 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  chapter,
  subject to the provisions of sections sixty-three and sixty-four of this
  chapter.
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
  chapter,  subject  to  the  provisions  of  section  sixty-four  of this
  chapter.
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.