§ 217 — Pensions

New York § 217

• Jurisdiction: New York
• Law MIL: Military
• Art. 10: Pay and Allowances

Text

§ 217. Pensions. 1. Any member of the organized militia who (a) shall\nbe disabled or has been so disabled in the performance of any actual\nservice of this state within three years preceding the application for a\npension under this chapter, in case of riots, tumults, breach of the\npeace, resistance to process, invasion, insurrection or imminent danger\nthereof, or whenever called upon in aid of the civil authorities, or\nwhile engaged in any lawfully ordered parade, drill, encampment or\ninspection, shall, upon proof of the fact, as hereinafter provided, be\nplaced on the disability retired roll of the state and shall receive out\nof any moneys in the treasury of the state, not otherwise appropriated,\nupon the approval of the chief of staff and approval of the governor,\nthe same pension or reward that persons under similar circumstances\nreceive from the United States, or\n (b) was activated on state active duty on or after September eleventh,\ntwo thousand one, to participate in World Trade Center site rescue,\nrecovery, or cleanup operations as part of such state active duty, and\nwho is determined to have incurred a qualifying World Trade Center\ncondition, as hereinafter provided, shall be entitled to a performance\nof duty disability pension equivalent to three-quarters of the member's\nfinal annual pay as provided for under this chapter. The deadline for\nsubmitting any qualifying claim under this paragraph shall be on or\nbefore September eleventh, two thousand twenty-six. The adjutant general\nof the division of military and naval affairs is authorized to\npromulgate regulations to implement the provisions of this section.\n 2. In case any such member of the organized militia (a) shall die as\nthe result of any such wound, injury or disease within one year after it\nhas been incurred or contracted, the surviving spouse, children under\ntwenty-one years of age or dependent parent of such member of the\norganized militia shall receive such pension and reward as persons under\nsimilar circumstances receive from the United States, or\n (b) was activated on state active duty on or after September eleventh,\ntwo thousand one, to participate in World Trade Center site rescue,\nrecovery, or cleanup operations as part of such state active duty, and\nwhose death is determined to be the result of incurring a qualifying\nWorld Trade Center condition, as hereinafter provided, the surviving\nspouse, children under twenty-one years of age or dependent parent of\nsuch member of the organized militia shall be entitled to an accidental\ndeath benefit equivalent to one-half of the member's final annual pay as\nprovided under this chapter. The deadline for submitting any qualifying\nclaim under this paragraph shall be on or before September eleventh, two\nthousand twenty-six. The adjutant general of the division of military\nand naval affairs is authorized to promulgate regulations to implement\nthe provisions of this section.\n 3. None of the benefits provided by subdivision two of this section\nshall be paid or allowed unless a claim therefor is presented to the\nchief of staff within one year after the date of death of the member of\nthe organized militia. None of the benefits provided by subdivision one\nof this section or on a rehearing of a pension claim under section two\nhundred nineteen of this article shall be paid or allowed while the\napplicant is on the active list.\n 4. If any member of the militia shall die while in the active service\nof the state, his reasonable funeral expenses, in the same amount as is\npaid under similar circumstances by the United States shall be paid by\nthe state, in such manner as the governor may direct.\n 5. None of the benefits provided by this section and by section two\nhundred nineteen of this article shall be allowed or paid by the state\nwhen such benefits are paid from federal funds. Nothing contained in\nthis article shall be deemed to make applicable any of the provisions of\nthe war risk insurance law of the United States. The pension or reward\nto be allowed under this section shall be that provided for by the\nappropriate retirement or pension laws of the United States so far as\nthe same may be applicable in substance, without regard to form.\n 6. Before the name of any person is placed upon the disability retired\nroll of the state under this section, proof shall be made under\nregulations issued pursuant to this chapter that the applicant is\nentitled to such pension or reward; provided, however, that in the case\nof the death or disability of a member of the organized militia who\nparticipated in World Trade Center rescue, recovery, or cleanup\noperations, and in which such death or disability is determined,\npursuant to regulations issued under this chapter, to have been the\nresult of a qualifying World Trade Center condition, then unless the\ncontrary is proved by competent evidence, it shall be presumed that such\ndeath or disability was the natural and proximate result of an accident\nsustained in the performance of actual service of this state and not as\na result of willful negligence on the part of such member. The chief of\nstaff, with the approval of the governor, shall cause to be stricken\nfrom such roll the name of any person whenever it appears by\nsatisfactory proof that such name was put upon such roll through false\nor fraudulent representations. The chief of staff, with the approval of\nthe governor, may increase, reduce or withdraw any pension or reward\naccording to the right and justice and the practice under the laws and\nregulations of the United States.\n 7. Any member of the organized militia who on or after the effective\ndate of this article is awarded a pension under the provisions of this\nsection and who subsequent to such award requires further care and\nmedical attendance by reason of such wound, injury, disease or\ndisability, may, upon application to and upon approval by the chief of\nstaff, be allowed, in addition to such pension, actual and necessary\nexpenses for care and medical attendance resulting from such wound,\ninjury, disease or disability until such time as the disability upon\nwhich the pension was awarded cannot be materially improved by such\nfurther care or treatment.\n 8. For the purposes of this section:\n (a) "Qualifying World Trade Center condition" shall mean a qualifying\ncondition or impairment of health resulting in disability to a member of\nthe organized militia who participated in World Trade Center rescue,\nrecovery, or cleanup operations for a qualifying period.\n (b) "Qualifying condition or impairment of health" shall mean a\nqualifying physical condition, or a qualifying psychological condition,\nor both.\n (c) "Qualifying physical condition" and "qualifying psychological\ncondition" shall have the same meaning as such terms are defined in\nsubdivision thirty-six of section two of the retirement and social\nsecurity law.\n (d) "Participated in World Trade Center rescue, recovery, or cleanup\noperations" shall mean any member of the organized militia who: (i)\nparticipated in the rescue, recovery, or cleanup operations at the World\nTrade Center site; (ii) worked at the Fresh Kills Land Fill in New York;\n(iii) worked at the New York city morgue or the temporary morgue on pier\nlocations on the west side of Manhattan; (iv) manned the barges between\nthe west side of Manhattan and the Fresh Kills Land Fill in New York; or\n(v) repaired, cleaned or rehabilitated vehicles or equipment, including\nemergency vehicle radio equipment owned by the city of New York that\nwere contaminated by debris in the World Trade Center site, regardless\nof whether the work on the repair, cleaning or rehabilitation of said\nvehicles and equipment was performed within the World Trade Center site,\nprovided such work was performed prior to decontamination of such\nvehicles or equipment.\n (e) "World Trade Center site" shall mean anywhere below a line\nstarting from the Hudson River and Canal Street; east on Canal Street to\nPike Street; south on Pike Street to the East River; and extending to\nthe lower tip of Manhattan.\n (f) "Qualifying period" shall mean: (i) any period of time within the\nforty-eight hours after the first airplane hit the towers; or (ii) a\ntotal of forty hours accumulated any time between September eleventh,\ntwo thousand one and September twelfth, two thousand two.\n