§ 363-c. Retirement for disability incurred in performance of duty. a.\nAfter January first, nineteen hundred eighty-five, a member who becomes\nphysically or mentally incapacitated for the performance of duty shall\nbe covered by the provisions of this section in lieu of the provisions\nof section three hundred sixty-three of this article; except, however,\nany such member who last entered or re-entered service prior to that\ndate shall be entitled to apply for disability retirement pursuant to\nsuch section and to receive the benefit so payable in lieu of the\nbenefit payable pursuant to this section.\n b. Eligibility. A member shall be entitled to retirement for\ndisability incurred in the performance of duty if, at the time\napplication therefor is filed, he is:\n 1. Physically or mentally incapacitated for performance of duty as the\nnatural and proximate result of a disability not caused by his or her\nown willful negligence sustained in such service and while actually a\nmember of the police and fire retirement system, and\n 2. Actually in service upon which his membership is based. However, in\na case where a member is discontinued from service, either voluntarily\nor involuntarily, subsequent to sustaining a disability in such service,\napplication may be made not later than two years after the member is\ndiscontinued from service and provided that the member meets the\nrequirements of subdivision a of this section and this subdivision.\n c. Application. Application for retirement for disability incurred in\nperformance of duty may be made by:\n 1. Such member, or\n 2. The head of the department in which such member is employed.\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. (a) No such application shall be approved, however, unless the\nmember or some other person on his behalf shall have filed written\nnotice in the office of the comptroller within ninety days after the\noccurrence which is the basis for the disability incurred in the\nperformance of duty, setting forth:\n 1. The time, date and place of such occurrence, and\n 2. The particulars thereof, and\n 3. The nature and extent of the member's injuries, and\n 4. The alleged disability.\n (b) The notice herein required need not be given:\n 1. If notice of such occurrence 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 2. If the application for retirement for disability incurred in the\nperformance of duty is filed within one year after the date of the\noccurrence which forms the basis for the application, or\n 3. If a failure to file notice has been excused for good cause shown\nas provided by rules and regulations promulgated by the comptroller.\n (c) Notwithstanding any other provision of law to the contrary, the\nprovisions of this subdivision shall apply to all occurrences before or\nafter the effective date of this section.\n f. The retirement allowance payable upon retirement for disability\nincurred in the performance of duty shall consist of a pension of\none-half of his final average salary plus an annuity which shall be the\nactuarial equivalent of the member's accumulated contributions, if any.\n g. If the member, at the time of the filing of an application under\nthe provisions of subdivision c of this section, is eligible for a\nservice retirement benefit, then and in that event, he may\nsimultaneously file an application for service retirement provided
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