* § 607-j. Performance of duty disability retirement.
a.Any member of\nthe retirement system employed by the division of military and naval\naffairs shall be eligible to retire pursuant to the provisions of this\nsection if he or she is an airport firefighter apprentice, airport\nfirefighter I, airport firefighter II, airport firefighter III or\ntraining and safety officer.\n b. Notwithstanding any provision of this chapter or of any general or\nspecial law to the contrary, any member who becomes physically or\nmentally incapacitated as the result of a disability, who is presently\nemployed and who shall have sustained such disability while so employed\nand while actually a member of the retirement system, provided that such\ndisability or death (A) was caused by the natural and proxim
Free access — add to your briefcase to read the full text and ask questions with AI
* § 607-j. Performance of duty disability retirement. a. Any member of\nthe retirement system employed by the division of military and naval\naffairs shall be eligible to retire pursuant to the provisions of this\nsection if he or she is an airport firefighter apprentice, airport\nfirefighter I, airport firefighter II, airport firefighter III or\ntraining and safety officer.\n b. Notwithstanding any provision of this chapter or of any general or\nspecial law to the contrary, any member who becomes physically or\nmentally incapacitated as the result of a disability, who is presently\nemployed and who shall have sustained such disability while so employed\nand while actually a member of the retirement system, provided that such\ndisability or death (A) was caused by the natural and proximate result\nof a disability, not caused by such firefighter's own willful negligence\nand (B) was incurred in the performance and discharge of duty, unless\nthe contrary be proven by competent evidence, shall be paid a\nperformance of duty disability retirement benefit payable pursuant to\nthis section.\n c. Application for a performance of duty disability retirement\nallowance for such a member may be made by:\n 1. Such member;\n 2. The head of the department in which such member is employed; or\n 3. Some person acting on behalf of and authorized by such member.\n d. After the filing of such an application such member shall be given\none or more medical examinations. If the comptroller determines that the\nmember is physically or mentally incapacitated for the performance of\nduty and ought to be retired for performance of duty disability, such\nmember shall be so retired. Such retirement shall be effective as of a\ndate approved by the comptroller.\n e. The retirement allowance payable upon retirement for performance of\nduty disability shall consist of a pension of one-half of his or her\nfinal average salary plus an annuity which shall be the actuarial\nequivalent of such member's accumulated contributions, if any.\n f. If the member, at the time of the filing of an application under\nthe provisions of subdivision c of this section, is eligible for a\nservice retirement benefit, then and in that event, such member may\nsimultaneously file an application for service retirement in accordance\nwith the provisions of section seventy of this chapter, provided that\nthe member indicates on the application for service retirement that such\napplication is filed without prejudice to the application for\nperformance of duty disability retirement.\n g. Any benefit provided pursuant to this section shall not be\nconsidered as an accidental disability benefit within the meaning of\nsection sixty-four of this chapter. Any benefit payable pursuant to the\nworkers' compensation law to a member receiving a disability allowance\npursuant to this section shall be in addition to such retirement for\ndisability incurred in performance of duty allowance.\n * NB There are 3 § 607-j's\n