§ 605. Disability retirement. a. Application for a disability\nretirement allowance for a member may be made by:\n 1. Such member, or\n 2. The head of the department in which such member is employed.\n b. At the time of the filing of an application pursuant to this\nsection, the member must:\n 1. Have at least ten years of total service credit, and\n 2. The application must be filed 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) within\nthree months from the last date the member was being paid on the payroll\nor, (c) in the case of a member who was placed on a leave of absence for\nmedical reasons without pay, either voluntarily or involuntarily, at the\ntime he ceased being paid, application may be made not later than twelve\nmonths after the date the employee receives notice that his employment\nstatus has been terminated. In the case of a member of the New York\nstate teachers' retirement system, the application must be filed not\nlater than twelve months after the last date the member was being paid\non the payroll or, where the member was placed on leave of absence for\nmedical reasons without pay, either voluntarily or involuntarily at the\ntime the member ceased being paid, not later than twelve months after\nthe date the member receives notice that the member's employment status\nhas been terminated.\n 3. Provided, however, if the retirement system determines that such\nmember was physically or mentally incapacitated for performance of\ngainful employment as the natural and proximate result of an accident\nnot caused by his own willful negligence sustained in the performance of\nhis duties in active service while actually a member of the retirement\nsystem the requirement that the member should have ten years of credited\nservice shall be inapplicable.\n c. If the retirement system determines that the member is physically\nor mentally incapacitated for the performance of gainful employment, and\nthat he was so incapacitated at the time he ceased his performance of\nduties and ought to be retired for disability, he shall be so retired.\nEach retirement system shall be entitled to adopt appropriate procedures\nfor making the foregoing determination, including but not limited to the\nconducting of medical examinations, if any, for the purpose of\ndetermining initial entitlement of an applicant for disability\nretirement or to continued entitlement to a disability retirement\nallowance. Such retirement shall be effective as of a date approved by\nthe head of the retirement system.\n d. Upon retirement for disability one of the following retirement\nallowances shall be payable:\n 1. In the case of a member of a retirement system other than the New\nYork city employees' retirement system, the New York city board of\neducation retirement system or the New York city teachers' retirement\nsystem, if the member has attained age sixty when such retirement\nbecomes effective, his retirement allowance shall be equal to that which\nhe would receive in the case of service retirement at normal retirement\nage based on his credited service but in no event shall such retirement\nallowance exceed the amount he would receive pursuant to paragraph two\nof this subdivision.\n 2. In the case of a member of a retirement system other than the New\nYork city employees' retirement system, the New York city board of\neducation retirement system or the New York city teachers' retirement\nsystem, if the member has not attained age sixty when such retirement\nbecomes effective, his retirement allowance shall consist of a\nretirement allowance which shall equal one-sixtieth of his final average\nsalary multiplied by the number of years of his credited service, which\nformula shall be used only if the retirement allowance so computed\nexceeds one-third of his final average salary. If the retirement\nallowance so computed s
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