2006 New York Code - Service-incurred Disability Benefits In The Case Of Retirements Prior To July First, Nineteen Hundred Sixty-five.

 
    §   13-305   Service-incurred  disability  benefits  in  the  case  of
  retirements  prior  to  July  first,  nineteen  hundred  sixty-five.  a.
  Notwithstanding the provisions of section 13-304 of this chapter, in any
  case  where  a pension was awarded under the provisions of such section,
  or any predecessor section, by reason of the retirement of a member  for
  disability  caused or induced by the actual performance of the duties of
  his or her position, prior to July first, nineteen  hundred  sixty-five,
  such   member   shall  be  entitled  to  a  pension  of  not  less  than
  three-fourths the annual salary or compensation payable to a first grade
  fireman as of July first, nineteen hundred sixty-five. In  the  case  of
  any member receiving a pension less than three-fourths the annual salary
  or  compensation of a first grade firefighter as of July first, nineteen
  hundred sixty-five, his or her pension will be increased  to  an  amount
  which  will  equal  three-fourths the annual salary or compensation of a
  first grade fireman as of July first, nineteen hundred sixty-five.
    b. Such pension shall be payable to the  same  persons  and  shall  be
  subject  to  the  same  terms and conditions, including provisions as to
  termination as the  pension  which  would  otherwise  be  payable  under
  section 13-304 of this chapter or any other law.
    c.  The  pension  payable  under  this section shall be in lieu of any
  pension which would otherwise be payable to  the  member  under  section
  13-304 of this chapter.
    d.  Nothing  in this chapter shall be construed as creating any rights
  on behalf of any  person  who  dies  prior  to  October  twenty-seventh,
  nineteen  hundred  sixty-six,  and  benefits  due  thereunder  shall  be
  calculated and paid only from such date.