2006 New York Code - State Police Disability Retirement Allowance.

 
    §  363-b.  State  police  disability  retirement allowance.   a. Every
  member or officer of the division  of  state  police  in  the  executive
  department  who  becomes  physically  or  mentally incapacitated for the
  performance of duty prior to July first, nineteen hundred  seventy-four,
  shall  be  covered  by  the  provisions  of  this section in lieu of the
  provisions  of  section  three  hundred  sixty-two  or   three   hundred
  sixty-three of this article; except, however, any such member or officer
  who  last  entered  or reentered the New York state and local police and
  fire retirement system or transferred total service credits  as  defined
  in  subdivision thirty-four of section three hundred two of this article
  to such system prior to service in the division of state police, or,  in
  the  case  of  a  member  in a collective negotiating unit consisting of
  members of the state police below the rank of lieutenant and established
  pursuant to article fourteen of the civil service law, last  entered  or
  reentered  service  in  the  division  prior  to May thirtieth, nineteen
  hundred  seventy-two,    shall  be  entitled  to  apply  for  disability
  retirement  pursuant  to  such  sections  and  to receive the benefit so
  payable in lieu of the benefit payable pursuant to this section.
    b. Eligibility. A member or officer  shall  be  entitled  to  a  state
  police  disability  retirement  allowance  if,  at  the time application
  therefor is filed, he is:
    1. Under age sixty, and
    2. (a) Physically or mentally incapacitated for performance of duty as
  the natural and proximate result of a disability not caused by  his  own
  willful negligence sustained in such service and while actually a member
  of the policemen's and firemen's retirement system, or
    (b)  Physically or mentally incapacitated for performance of duty as a
  result of a disability that was not sustained in such service,  and  has
  at least five years of total service credit in the division, and
    3.  Actually  in  service upon which his membership is based, or, have
  been discontinued from service, either voluntarily or involuntarily  for
  not more than ninety days provided the member was disabled prior to such
  discontinuance.  However,  in a case where a member is discontinued from
  service, either voluntarily or involuntarily, subsequent to sustaining a
  disability in such service, application may be made not later  than  two
  years  after  the  member is discontinued from service and provided that
  the member meets the requirements  of  subdivisions  a  and  b  of  this
  section.
    c.  Application.  Application for a state police disability retirement
  allowance may be made by:
    1. Such member, or
    2. The superintendent of state police or his designee, or
    3. A person acting on behalf of and authorized by such member.
    d.  Verification  of  disability.  After  the  filing   of   such   an
  application,   such   member   shall   be  given  one  or  more  medical
  examinations.  If  the  comptroller  determines  that  the   member   is
  physically  or  mentally  incapacitated  for  the  performance  of  duty
  pursuant to subdivision b of this section and ought to  be  retired,  he
  shall  be  so  retired.  Such retirement shall be effective as of a date
  approved by the comptroller.
    e. Upon retirement pursuant to  this  section  one  of  the  following
  retirement allowances shall be payable:
    1.  If  a  member  has  completed  twenty  or more years of creditable
  service and is eligible for service retirement his retirement  allowance
  shall  be  equal  to  that  which  he would have received in the case of
  service retirement.
    2. If a member is not eligible for a service retirement  as  specified
  in  paragraph  one  of  this subdivision, his retirement allowance shall
  consist of:
    (a) An annuity which shall be the actuarial equivalent of the member's
  accumulated  contributions  attributable  to  service  rendered prior to
  April first, nineteen hundred sixty as provided  pursuant  to  paragraph
  four  of  subdivision  b  of  section three hundred eighty-one-b of this
  article plus
    (b) A pension which together with such annuity provides  an  allowance
  equal to one-half of his final average salary.
    3.  Notwithstanding  the  provisions  of  this  subdivision,  a member
  transferred to the division of state police pursuant to a chapter of the
  laws of  nineteen  hundred  ninety-seven  who  files  for  a  disability
  retirement  under  this  section  for  a  physical  or mental incapacity
  attributable to an injury or  incident  which  occurred  prior  to  such
  transfer,  shall  be  eligible  to  file  for  the disability retirement
  benefits attributable to the plan applicable to such member  before  the
  transfer.  In  the case of a member transferred to the division pursuant
  to said chapter who files for a disability retirement under this section
  for a physical  or  mental  incapacity  attributable  to  an  injury  or
  incident   which  occurs  after  such  transfer,  for  the  purposes  of
  calculating service credit required by subparagraph (b) of paragraph two
  of subdivision b of this section, service in the capital police force in
  the office of general  services  shall  be  considered  service  in  the
  division.
    f.  If  the  member, at the time of the filing of an application under
  the provisions of subdivision  c  hereof,  is  eligible  for  a  service
  retirement  benefit,  then and in that event, he may simultaneously file
  an application for service retirement in accordance with the  provisions
  of section three hundred eighty-one-b of this article, provided that the
  member  indicates  on  the  application for service retirement that such
  application is filed without prejudice to the application for the  state
  police disability retirement allowance.
    g.  Any  benefit  provided  pursuant  to  this  section  shall  not be
  considered as an accidental disability benefit  within  the  meaning  of
  section  three  hundred sixty-four of this article. Any benefits payable
  pursuant to the workmen's  compensation  law  to  a  member  or  officer
  receiving  a  disability  allowance pursuant to this section shall be in
  addition to such state police disability allowance,  provided,  however,
  that  in  the  event  the  disabled  retired  member is also entitled to
  disability benefits under the federal social security act, and  the  sum
  of   the   disability   retirement  allowance,  supplemental  retirement
  allowance,  workmen's  compensation  benefit,  and  the  primary  social
  security  disability  insurance benefit exceeds final salary, as defined
  in subdivision e, section four hundred two of this article, that portion
  of the pension which increases the combined benefit above  final  salary
  shall  be  suspended  for  the  duration of the period that the combined
  benefit would so exceed final salary.