§ 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 or
her own willful negligence sustained in such service and while actually
a member of the police and fire 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, or is a vested member incapacitated as a result of a
qualifying World Trade Center condition as defined in section two of
this chapter. 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.