(b) The notice herein required need not be given:
  1. If notice of such occurrence shall be filed in accordance with  the
provisions  of the workers' compensation law of any state within which a
participating employer shall have its employees  located  or  performing
functions and duties within the normal scope of their employment, or
  2.  If  the  application for retirement for disability incurred in the
performance of duty is filed within one  year  after  the  date  of  the
occurrence which forms the basis for the application, or
  3.  If  a failure to file notice has been excused for good cause shown
as provided by rules and regulations promulgated by the comptroller.
  (c) Notwithstanding any other provision of law to  the  contrary,  the
provisions  of this subdivision shall apply to all occurrences before or
after the effective date of this section.
  f. The retirement allowance payable  upon  retirement  for  disability
incurred  in  the  performance  of  duty  shall  consist of a pension of
one-half of his final average salary plus an annuity which shall be  the
actuarial equivalent of the member's accumulated contributions, if any.
  g.  If  the  member, at the time of the filing of an application under
the provisions of subdivision c of  this  section,  is  eligible  for  a
service   retirement   benefit,   then   and   in  that  event,  he  may
simultaneously file an application for service retirement provided  that
the member indicates on the application for service retirement that such
application  is  filed  without  prejudice  to  the  application for the
retirement for disability incurred in performance of duty.
  h. The provisions of  this  section  and  the  benefits  provided  for
therein  shall  not  be  applicable  to  members  who are subject to the
provisions of section three hundred sixty-three-b of this article.
  i. 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  benefit  payable
pursuant  to  the  workers'  compensation  law  to  a member receiving a
disability allowance pursuant to this section shall be  in  addition  to
such   retirement   for  disability  incurred  in  performance  of  duty
allowance.
  j. A final determination of the comptroller that  the  member  is  not
entitled  to  retirement  benefits pursuant to this section shall not in
any respect be, or constitute, a determination with regard  to  benefits
payable  pursuant  to section two hundred seven-a or section two hundred
seven-c of the general municipal law.
Structure New York Laws
RSS - Retirement and Social Security
Article 8 - New York State and Local Police and Fire Retirement System
Title 8 - Death Benefits and Disability Retirement
360-A - Guaranteed Ordinary Death Benefit Payable Upon Death of State Employees.
360-B - Guaranteed Ordinary Death Benefit for Participating Employers.
360-C - Death Benefit for Vested Members Who Die Prior to Retirement.
361 - Accidental Death Benefit.
361-A - Special Accidental Death Benefit.
361-A*2 - Payment of Interest on Death Benefits and Accumulated Member Contributions.
362 - Ordinary Disability Retirement.
363 - Accidental Disability Retirement.
363-A - Firefighters and Police Officers; Certain Disabilities.
363-B - State Police Disability Retirement Allowance.
363-BB - State Police Accidental Disability Retirement Allowance.
363-C - Retirement for Disability Incurred in Performance of Duty.
363-D - Certain Impairments of Health; Presumption.
363-DD - Impairments of Health; Presumption.
363-F - Firefighters; Presumption in Certain Diseases.
363-FF - Firefighter Certain Impairments of Health; Presumption.
364 - Payment of Both Pensions for Accident and Other Benefits Prohibited.