§ 363-b. State police disability retirement allowance. a. Every member\nor officer of the division of state police in the executive department\nwho becomes physically or mentally incapacitated for the performance of\nduty prior to July first, nineteen hundred seventy-four, shall be\ncovered by the provisions of this section in lieu of the provisions of\nsection three hundred sixty-two or three hundred sixty-three of this\narticle; except, however, any such member or officer who last entered or\nreentered the New York state and local police and fire retirement system\nor transferred total service credits as defined in subdivision\nthirty-four of section three hundred two of this article to such system\nprior to service in the division of state police, or, in the case of a\nmember in a collective negotiating unit consisting of members of the\nstate police below the rank of lieutenant and established pursuant to\narticle fourteen of the civil service law, last entered or reentered\nservice in the division prior to May thirtieth, nineteen hundred\nseventy-two, shall be entitled to apply for disability retirement\npursuant to such sections and to receive the benefit so payable in lieu\nof the benefit payable pursuant to this section.\n b. Eligibility. A member or officer shall be entitled to a state\npolice disability retirement allowance if, at the time application\ntherefor is filed, he is:\n 1. Under age sixty, and\n 2. (a) Physically or mentally incapacitated for performance of duty as\nthe natural and proximate result of a disability not caused by his or\nher own willful negligence sustained in such service and while actually\na member of the police and fire retirement system, or\n (b) Physically or mentally incapacitated for performance of duty as a\nresult of a disability that was not sustained in such service, and has\nat least five years of total service credit in the division, and\n 3. Actually in service upon which his membership is based, or, have\nbeen discontinued from service, either voluntarily or involuntarily for\nnot more than ninety days provided the member was disabled prior to such\ndiscontinuance, or is a vested member incapacitated as a result of a\nqualifying World Trade Center condition as defined in section two of\nthis chapter. However, in a case where a member is discontinued from\nservice, either voluntarily or involuntarily, subsequent to sustaining a\ndisability in such service, application may be made not later than two\nyears after the member is discontinued from service and provided that\nthe member meets the requirements of subdivisions a and b of this\nsection.\n c. Application. Application for a state police disability retirement\nallowance may be made by:\n 1. Such member, or\n 2. The superintendent of state police or his designee, or\n 3. A person acting on behalf of and authorized by such member.\n d. Verification of disability. After the filing of such an\napplication, such member shall be given one or more medical\nexaminations. If the comptroller determines that the member is\nphysically or mentally incapacitated for the performance of duty\npursuant to subdivision b of this section and ought to be retired, he\nshall be so retired. Such retirement shall be effective as of a date\napproved by the comptroller.\n e. Upon retirement pursuant to this section one of the following\nretirement allowances shall be payable:\n 1. If a member has completed twenty or more years of creditable\nservice and is eligible for service retirement his retirement allowance\nshall be equal to that which he would have received in the case of\nservice retirement.\n 2. If a member is not eligible for a service retirement as specified\nin paragraph one of this subdivision, his retirement allowance shall\nconsist of:\n (a) An annuity which shall be the actuarial equivalent of the member's\naccumulated contributions attributable to service rendered prior to\nApril first, nineteen hundred sixty as provide
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