New York Laws
Article 10 - Pay and Allowances
217 - Pensions.

(b) was activated on state active duty on or after September eleventh,
two thousand one, to participate in World Trade Center site rescue,
recovery, or cleanup operations as part of such state active duty, and
who is determined to have incurred a qualifying World Trade Center
condition, as hereinafter provided, shall be entitled to a performance
of duty disability pension equivalent to three-quarters of the member's
final annual pay as provided for under this chapter. The deadline for
submitting any qualifying claim under this paragraph shall be on or
before September eleventh, two thousand twenty-six. The adjutant general
of the division of military and naval affairs is authorized to
promulgate regulations to implement the provisions of this section.
2. In case any such member of the organized militia (a) shall die as
the result of any such wound, injury or disease within one year after it
has been incurred or contracted, the surviving spouse, children under
twenty-one years of age or dependent parent of such member of the
organized militia shall receive such pension and reward as persons under
similar circumstances receive from the United States, or
(b) was activated on state active duty on or after September eleventh,
two thousand one, to participate in World Trade Center site rescue,
recovery, or cleanup operations as part of such state active duty, and
whose death is determined to be the result of incurring a qualifying
World Trade Center condition, as hereinafter provided, the surviving
spouse, children under twenty-one years of age or dependent parent of
such member of the organized militia shall be entitled to an accidental
death benefit equivalent to one-half of the member's final annual pay as
provided under this chapter. The deadline for submitting any qualifying
claim under this paragraph shall be on or before September eleventh, two
thousand twenty-six. The adjutant general of the division of military
and naval affairs is authorized to promulgate regulations to implement
the provisions of this section.
3. None of the benefits provided by subdivision two of this section
shall be paid or allowed unless a claim therefor is presented to the
chief of staff within one year after the date of death of the member of
the organized militia. None of the benefits provided by subdivision one
of this section or on a rehearing of a pension claim under section two
hundred nineteen of this article shall be paid or allowed while the
applicant is on the active list.
4. If any member of the militia shall die while in the active service
of the state, his reasonable funeral expenses, in the same amount as is
paid under similar circumstances by the United States shall be paid by
the state, in such manner as the governor may direct.
5. None of the benefits provided by this section and by section two
hundred nineteen of this article shall be allowed or paid by the state
when such benefits are paid from federal funds. Nothing contained in
this article shall be deemed to make applicable any of the provisions of

the war risk insurance law of the United States. The pension or reward
to be allowed under this section shall be that provided for by the
appropriate retirement or pension laws of the United States so far as
the same may be applicable in substance, without regard to form.
6. Before the name of any person is placed upon the disability retired
roll of the state under this section, proof shall be made under
regulations issued pursuant to this chapter that the applicant is
entitled to such pension or reward; provided, however, that in the case
of the death or disability of a member of the organized militia who
participated in World Trade Center rescue, recovery, or cleanup
operations, and in which such death or disability is determined,
pursuant to regulations issued under this chapter, to have been the
result of a qualifying World Trade Center condition, then unless the
contrary is proved by competent evidence, it shall be presumed that such
death or disability was the natural and proximate result of an accident
sustained in the performance of actual service of this state and not as
a result of willful negligence on the part of such member. The chief of
staff, with the approval of the governor, shall cause to be stricken
from such roll the name of any person whenever it appears by
satisfactory proof that such name was put upon such roll through false
or fraudulent representations. The chief of staff, with the approval of
the governor, may increase, reduce or withdraw any pension or reward
according to the right and justice and the practice under the laws and
regulations of the United States.
7. Any member of the organized militia who on or after the effective
date of this article is awarded a pension under the provisions of this
section and who subsequent to such award requires further care and
medical attendance by reason of such wound, injury, disease or
disability, may, upon application to and upon approval by the chief of
staff, be allowed, in addition to such pension, actual and necessary
expenses for care and medical attendance resulting from such wound,
injury, disease or disability until such time as the disability upon
which the pension was awarded cannot be materially improved by such
further care or treatment.
8. For the purposes of this section:
(a) "Qualifying World Trade Center condition" shall mean a qualifying
condition or impairment of health resulting in disability to a member of
the organized militia who participated in World Trade Center rescue,
recovery, or cleanup operations for a qualifying period.
(b) "Qualifying condition or impairment of health" shall mean a
qualifying physical condition, or a qualifying psychological condition,
or both.
(c) "Qualifying physical condition" and "qualifying psychological
condition" shall have the same meaning as such terms are defined in
subdivision thirty-six of section two of the retirement and social
security law.
(d) "Participated in World Trade Center rescue, recovery, or cleanup
operations" shall mean any member of the organized militia who: (i)
participated in the rescue, recovery, or cleanup operations at the World
Trade Center site; (ii) worked at the Fresh Kills Land Fill in New York;
(iii) worked at the New York city morgue or the temporary morgue on pier
locations on the west side of Manhattan; (iv) manned the barges between
the west side of Manhattan and the Fresh Kills Land Fill in New York; or
(v) repaired, cleaned or rehabilitated vehicles or equipment, including
emergency vehicle radio equipment owned by the city of New York that
were contaminated by debris in the World Trade Center site, regardless
of whether the work on the repair, cleaning or rehabilitation of said
vehicles and equipment was performed within the World Trade Center site,

provided such work was performed prior to decontamination of such
vehicles or equipment.
(e) "World Trade Center site" shall mean anywhere below a line
starting from the Hudson River and Canal Street; east on Canal Street to
Pike Street; south on Pike Street to the East River; and extending to
the lower tip of Manhattan.
(f) "Qualifying period" shall mean: (i) any period of time within the
forty-eight hours after the first airplane hit the towers; or (ii) a
total of forty hours accumulated any time between September eleventh,
two thousand one and September twelfth, two thousand two.