§ 363-e. Disability retirement allowance for members of the division
of law enforcement in the department of environmental conservation and
the regional state park police.

a. Every non-seasonally appointed sworn member or officer of the
division of law enforcement in the department of environmental
conservation and the regional state park police who becomes physically
or mentally incapacitated for the performance of duty 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 service in the department of environmental conservation or
state park police, as the case may be, prior to September first,
nineteen hundred ninety-seven, 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 disability
retirement allowance under this section if, at the time application
therefor is filed, he/she 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/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/her 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 this subdivision and
subdivision a of this section.

c. Application. Application for a disability retirement allowance
under this section may be made by:

1. Such member, or

2. The commissioner of the department of environmental conservation or
the office of parks, recreation and historical preservation, as the case
may be 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/she 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-five 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
January first, nineteen hundred eighty-seven as provided pursuant to
paragraph one of subdivision d of section three hundred eighty-three-a,
or paragraph one of subdivision f of section three hundred
eighty-three-b of this article, as the case may be, plus

(b) A pension which together with such annuity provides an allowance
equal to one-half of his final average salary.

f. 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 in accordance
with the provisions of section three hundred eighty-three-a or three
hundred eighty-three-b of this article, as the case may be, provided
that the member indicates on the application for service retirement that
such application is filed without prejudice to the application for the
disability retirement allowance under this section.

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 workers' compensation law to a member or officer
receiving a disability allowance pursuant to this section shall be in
addition to such disability allowance under this section, 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, workers' compensation benefit, and the primary social
security disability insurance benefit exceeds final salary, as defined
in subdivision e of 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.