§ 363-bb. State police accidental disability retirement allowance. a.\nA member may elect to receive an accidental disability retirement\nallowance as provided under this section in lieu of the benefits\nprovided under section three hundred sixty-three-b of this title if, at\nthe time application therefor is filed, he or she is:\n 1. Physically or mentally incapacitated for performance of duty as the\nnatural and proximate result of an accident not caused by his or her own\nwillful negligence sustained in such service and while actually a member\nof the New York state and local police and fire retirement system, and\n 2. Actually in service upon which his or her membership is based.\nHowever, in a case if a member is discontinued from service subsequent\nto the accident, either voluntarily or involuntarily, application may be\nmade not later than two years after the member is first discontinued\nfrom service and provided that the member meets the requirements of\nparagraph one of this subdivision.\n b. Application for an accidental disability retirement allowance for\nsuch a member may be made by:\n 1. Such member, or\n 2. The superintendent of state police or his or her designee, or\n 3. A person acting on behalf of and authorized by such member.\n c. 1. After the filing of such an application such member shall be\ngiven one or more medical examinations. No such application shall be\napproved, however, unless the member or some other person on his or her\nbehalf shall have filed written notice in the office of the comptroller\nwithin ninety days after the accident, setting forth:\n (a) The time when and the place where such accident occurred,\n (b) The particulars thereof,\n (c) The nature and extent of the member's injuries, and\n (d) His or her alleged incapacity.\n 2. The notice required by this section need not be given:\n (a) If notice of such accident shall be filed in accordance with the\nprovisions of the workers' compensation law of any state within which a\nparticipating employer shall have its employees located or performing\nfunctions and duties within the normal scope of their employment, or\n (b) If the application for accidental disability retirement is filed\nwithin one year after the date of such accident, or\n (c) If a failure to file notice has been excused for good cause shown\nas provided by rules and regulations promulgated by the comptroller.\n d. If the comptroller determines that the member is physically or\nmentally incapacitated for the performance of duty and ought to be\nretired for accidental disability, such member shall be so retired. Such\nretirement shall be effective as of a date approved by the comptroller.\n e. Notwithstanding any other provision of law, the retirement\nallowance payable upon accidental disability retirement shall consist\nof:\n 1. An annuity which shall be the actuarial equivalent of the member's\naccumulated contributions, plus\n 2. A pension which is the actuarial equivalent of the\nreserve-for-increased-take-home-pay to which he or she may be entitled,\nif any, plus\n 3. A pension of three-quarters of his or her final average salary. The\npayment of such pension shall be subject to the provisions of section\nthree hundred sixty-four of this title.\n f. If the member, at the time of filing of an application under the\nprovisions of subdivision b of this section, is eligible for a service\nretirement benefit, then and in that event, he or she may simultaneously\nfile an application for service retirement in accordance with the\nprovisions of section seventy of this chapter, provided that the member\nindicates on the application for service retirement that such\napplication is filed without prejudice to the applicant for accidental\ndisability retirement.\n g. For purposes of this section, the term "accident" shall have the\nsame meaning and be interpreted in the same manner as such term is\ndefined and/or interpreted to mean in section three hundred
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