§ 607-K — Certain impairments of health; presumption

§ 607-k. Certain impairments of health; presumption. 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 condition of impairment of health\ncaused by: (1) diseases of the heart; or (2) any (i) melanoma or (ii)\ncondition of cancer affecting the lymphatic, digestive, hematological,\nurinary, neurological, breast, reproductive or prostate systems\nresulting in disability to a member covered by this section, presently\nemployed, who successfully passed a physical examination on entry into\nservice as an airport firefighter apprentice, airport firefighter I,\nairport firefighter II, airport firefighter III or training and safety\nofficer which examination failed to reveal evidence of any disease or\nother impairment of the heart or such melanoma or condition, shall be\npresumptive evidence that it was incurred in the performance and\ndischarge of duty, unless the contrary be proven by competent evidence\nand shall be paid a performance of duty disability retirement allowance\nequal to that which is provided in section sixty-three of this chapter,\nsubject to the provisions of sections sixty-three and sixty-four of this\nchapter.\n c. Notwithstanding any provision of this chapter or of any general or\nspecial law to the contrary, any condition of impairment of health\ncaused by diseases of the lung, resulting in disability to a member\ncovered by this section, presently employed, who successfully passed a\nphysical examination on entry into service as an airport firefighter\napprentice, airport firefighter I, airport firefighter II, airport\nfirefighter III or training and safety officer, which examination failed\nto disclose evidence of any disease or other impairment of the lung,\nshall be presumptive evidence that it was incurred in the performance\nand discharge of duty, unless the contrary be proven by competent\nevidence and shall be paid a performance of duty disability retirement\nallowance equal to that which is provided in section sixty-three of this\nchapter, subject to the provisions of section sixty-four of this\nchapter.\n d. After the filing of an application such member shall be given one\nor 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. If the member, at the time of the filing of such application, is\neligible for a service retirement benefit, then and in that event, such\nmember may simultaneously file an application for service retirement,\nprovided that the member indicates on the application for service\nretirement that such application is filed without prejudice to the\napplication for performance of duty disability retirement.\n