New York Laws
Title 8 - Death Benefits and Disability Retirement
363-C - Retirement for Disability Incurred in Performance of Duty.

(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.