§ 558. 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 five hundred fifty-six of this article; except, however, any\nsuch member who last entered or re-entered service prior to that date\nshall be entitled to apply for disability retirement pursuant to such\nsection and to receive the benefit so payable in lieu of the benefit\npayable 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 or she 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 retirement system, and\n 2. Actually in service upon which his or her membership is based.\nHowever, in a case where a member is discontinued from service, and\nprovided that the member meets the requirements of paragraph one of this\nsubdivision, application may be made, either (a) by a vested member\nincapacitated as the result of a qualifying World Trade Center condition\nas defined in section two of this chapter at any time, or (b) not later\nthan two years after the member is discontinued from service and\nprovided that the member meets the requirements of subdivision a of this\nsection and this subdivision.\n An application for disability retirement shall not be disapproved on\nthe basis of a deputy sheriff having failed to engage directly in\ncriminal law enforcement activities that aggregate fifty per centum of a\ndeputy sheriff's service during a period preceding the filing of the\napplication provided the failure to do so was the result of the\ndisability alleged in the application and further provided the deputy\nsheriff was certified as so engaged in criminal law enforcement\nactivities by the county sheriff at the time the physical or mental\nincapacitation for the performance of duty is alleged to have occurred.\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 or\nshe shall be so retired. Such retirement shall be effective as of a\ndate approved by the comptroller.\n e. 1. No such application shall be approved, however, unless the\nmember or some other person on his or her behalf shall have filed\nwritten notice in the office of the comptroller within ninety days after\nthe occurrence which is the basis for the disability incurred in the\nperformance of duty, setting forth:\n (a) The time, date and place of such occurrence, and\n (b) The particulars thereof, and\n (c) The nature and extent of the member's injuries, and\n (d) The alleged disability.\n 2. The notice herein required need not be given:\n (a) 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 (b) 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 (c) If a failure to file notice has been excused for good cause shown\n
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