§ 363-B — State police disability retirement allowance

§ 363-b. State police disability retirement allowance. a. Every member\nor officer of the division of state police in the executive department\nwho becomes physically or mentally incapacitated for the performance of\nduty prior to July first, nineteen hundred seventy-four, shall be\ncovered by the provisions of this section in lieu of the provisions of\nsection three hundred sixty-two or three hundred sixty-three of this\narticle; except, however, any such member or officer who last entered or\nreentered the New York state and local police and fire retirement system\nor transferred total service credits as defined in subdivision\nthirty-four of section three hundred two of this article to such system\nprior to service in the division of state police, or, in the case of a\nmember in a collective negotiating unit consisting of members of the\nstate police below the rank of lieutenant and established pursuant to\narticle fourteen of the civil service law, last entered or reentered\nservice in the division prior to May thirtieth, nineteen hundred\nseventy-two, shall be entitled to apply for disability retirement\npursuant to such sections and to receive the benefit so payable in lieu\nof the benefit payable pursuant to this section.\n b. Eligibility. A member or officer shall be entitled to a state\npolice disability retirement allowance if, at the time application\ntherefor is filed, he is:\n 1. Under age sixty, and\n 2. (a) Physically or mentally incapacitated for performance of duty as\nthe natural and proximate result of a disability not caused by his or\nher own willful negligence sustained in such service and while actually\na member of the police and fire retirement system, or\n (b) Physically or mentally incapacitated for performance of duty as a\nresult of a disability that was not sustained in such service, and has\nat least five years of total service credit in the division, and\n 3. Actually in service upon which his membership is based, or, have\nbeen discontinued from service, either voluntarily or involuntarily for\nnot more than ninety days provided the member was disabled prior to such\ndiscontinuance, or is a vested member incapacitated as a result of a\nqualifying World Trade Center condition as defined in section two of\nthis chapter. However, in a case where a member is discontinued from\nservice, either voluntarily or involuntarily, subsequent to sustaining a\ndisability in such service, application may be made not later than two\nyears after the member is discontinued from service and provided that\nthe member meets the requirements of subdivisions a and b of this\nsection.\n c. Application. Application for a state police disability retirement\nallowance may be made by:\n 1. Such member, or\n 2. The superintendent of state police or his designee, or\n 3. A person acting on behalf of and authorized by such member.\n d. Verification of disability. After the filing of such an\napplication, such member shall be given one or more medical\nexaminations. If the comptroller determines that the member is\nphysically or mentally incapacitated for the performance of duty\npursuant to subdivision b of this section and ought to be retired, he\nshall be so retired. Such retirement shall be effective as of a date\napproved by the comptroller.\n e. Upon retirement pursuant to this section one of the following\nretirement allowances shall be payable:\n 1. If a member has completed twenty or more years of creditable\nservice and is eligible for service retirement his retirement allowance\nshall be equal to that which he would have received in the case of\nservice retirement.\n 2. If a member is not eligible for a service retirement as specified\nin paragraph one of this subdivision, his retirement allowance shall\nconsist of:\n (a) An annuity which shall be the actuarial equivalent of the member's\naccumulated contributions attributable to service rendered prior to\nApril first, nineteen hundred sixty as provided pursuant to paragraph\nfour of subdivision b of section three hundred eighty-one-b of this\narticle plus\n (b) A pension which together with such annuity provides an allowance\nequal to one-half of his final average salary.\n 3. Notwithstanding the provisions of this subdivision, a member\ntransferred to the division of state police pursuant to a chapter of the\nlaws of nineteen hundred ninety-seven who files for a disability\nretirement under this section for a physical or mental incapacity\nattributable to an injury or incident which occurred prior to such\ntransfer, shall be eligible to file for the disability retirement\nbenefits attributable to the plan applicable to such member before the\ntransfer. In the case of a member transferred to the division pursuant\nto said chapter who files for a disability retirement under this section\nfor a physical or mental incapacity attributable to an injury or\nincident which occurs after such transfer, for the purposes of\ncalculating service credit required by subparagraph (b) of paragraph two\nof subdivision b of this section, service in the capital police force in\nthe office of general services shall be considered service in the\ndivision.\n f. If the member, at the time of the filing of an application under\nthe provisions of subdivision c hereof, is eligible for a service\nretirement benefit, then and in that event, he may simultaneously file\nan application for service retirement in accordance with the provisions\nof section three hundred eighty-one-b of this article, provided that the\nmember indicates on the application for service retirement that such\napplication is filed without prejudice to the application for the state\npolice disability retirement allowance.\n g. Any benefit provided pursuant to this section shall not be\nconsidered as an accidental disability benefit within the meaning of\nsection three hundred sixty-four of this article. Any benefits payable\npursuant to the workmen's compensation law to a member or officer\nreceiving a disability allowance pursuant to this section shall be in\naddition to such state police disability allowance, provided, however,\nthat in the event the disabled retired member is also entitled to\ndisability benefits under the federal social security act, and the sum\nof the disability retirement allowance, supplemental retirement\nallowance, workmen's compensation benefit, and the primary social\nsecurity disability insurance benefit exceeds final salary, as defined\nin subdivision e, section four hundred two of this article, that portion\nof the pension which increases the combined benefit above final salary\nshall be suspended for the duration of the period that the combined\nbenefit would so exceed final salary.\n