Section 363-B. State police disability retirement allowance

a. Every member
  or  officer  of the division of state police in the executive department
  who becomes physically or mentally incapacitated for the performance  of
  duty  prior  to  July  first,  nineteen  hundred  seventy-four, shall be
  covered by the provisions of this section in lieu of the  provisions  of
  section  three  hundred  sixty-two  or three hundred sixty-three of this
  article; except, however, any such member or officer who last entered or
  reentered the New York state and local police and fire retirement system
  or  transferred  total  service  credits  as  defined   in   subdivision
  thirty-four  of section three hundred two of this article to such system
  prior to service in the division of state police, or, in the case  of  a
  member  in  a  collective  negotiating unit consisting of members of the
  state police below the rank of lieutenant and  established  pursuant  to
  article  fourteen  of  the  civil service law, last entered or reentered
  service in  the  division  prior  to  May  thirtieth,  nineteen  hundred
  seventy-two,  shall  be  entitled  to  apply  for  disability retirement
  pursuant to such sections and to receive the benefit so payable in  lieu
  of the benefit payable pursuant to this section.
    b.  Eligibility.  A  member  or  officer  shall be entitled to a state
  police disability retirement  allowance  if,  at  the  time  application
  therefor is filed, he is:
    1. Under age sixty, and
    2. (a) Physically or mentally incapacitated for performance of duty as
  the  natural  and proximate result of a disability not caused by his own
  willful negligence sustained in such service and while actually a member
  of the policemen's and firemen's retirement system, or
    (b) Physically or mentally incapacitated for performance of duty as  a
  result  of  a disability that was not sustained in such service, and has
  at least five years of total service credit in the division, and
    3. Actually in service upon which his membership is  based,  or,  have
  been  discontinued from service, either voluntarily or involuntarily for
  not more than ninety days provided the member was disabled prior to such
  discontinuance, or is a vested member incapacitated as  a  result  of  a
  qualifying  World  Trade  Center  condition as defined in section two of
  this chapter. However, in a case where a  member  is  discontinued  from
  service, either voluntarily or involuntarily, subsequent to sustaining a
  disability  in  such service, application may be made not later than two
  years after the member is discontinued from service  and  provided  that
  the  member  meets  the  requirements  of  subdivisions  a and b of this
  section.
    c. Application. Application for a state police  disability  retirement
  allowance may be made by:
    1. Such member, or
    2. The superintendent of state police or his designee, or
    3. A person acting on behalf of and authorized by such member.
    d.   Verification   of   disability.  After  the  filing  of  such  an
  application,  such  member  shall  be  given   one   or   more   medical
  examinations.   If   the  comptroller  determines  that  the  member  is
  physically  or  mentally  incapacitated  for  the  performance  of  duty
  pursuant  to  subdivision  b of this section and ought to be retired, he
  shall be so retired. Such retirement shall be effective  as  of  a  date
  approved by the comptroller.
    e.  Upon  retirement  pursuant  to  this  section one of the following
  retirement allowances shall be payable:
    1. If a member has  completed  twenty  or  more  years  of  creditable
  service  and is eligible for service retirement his retirement allowance
  shall be equal to that which he would  have  received  in  the  case  of
  service retirement.

    2.  If  a member is not eligible for a service retirement as specified
  in paragraph one of this subdivision,  his  retirement  allowance  shall
  consist of:
    (a) An annuity which shall be the actuarial equivalent of the member's
  accumulated  contributions  attributable  to  service  rendered prior to
  April first, nineteen hundred sixty as provided  pursuant  to  paragraph
  four  of  subdivision  b  of  section three hundred eighty-one-b of this
  article plus
    (b) A pension which together with such annuity provides  an  allowance
  equal to one-half of his final average salary.
    3.  Notwithstanding  the  provisions  of  this  subdivision,  a member
  transferred to the division of state police pursuant to a chapter of the
  laws of  nineteen  hundred  ninety-seven  who  files  for  a  disability
  retirement  under  this  section  for  a  physical  or mental incapacity
  attributable to an injury or  incident  which  occurred  prior  to  such
  transfer,  shall  be  eligible  to  file  for  the disability retirement
  benefits attributable to the plan applicable to such member  before  the
  transfer.  In  the case of a member transferred to the division pursuant
  to said chapter who files for a disability retirement under this section
  for a physical  or  mental  incapacity  attributable  to  an  injury  or
  incident   which  occurs  after  such  transfer,  for  the  purposes  of
  calculating service credit required by subparagraph (b) of paragraph two
  of subdivision b of this section, service in the capital police force in
  the office of general  services  shall  be  considered  service  in  the
  division.
    f.  If  the  member, at the time of the filing of an application under
  the provisions of subdivision  c  hereof,  is  eligible  for  a  service
  retirement  benefit,  then and in that event, he may simultaneously file
  an application for service retirement in accordance with the  provisions
  of section three hundred eighty-one-b of this article, provided that the
  member  indicates  on  the  application for service retirement that such
  application is filed without prejudice to the application for the  state
  police disability retirement allowance.
    g.  Any  benefit  provided  pursuant  to  this  section  shall  not be
  considered as an accidental disability benefit  within  the  meaning  of
  section  three  hundred sixty-four of this article. Any benefits payable
  pursuant to the workmen's  compensation  law  to  a  member  or  officer
  receiving  a  disability  allowance pursuant to this section shall be in
  addition to such state police disability allowance,  provided,  however,
  that  in  the  event  the  disabled  retired  member is also entitled to
  disability benefits under the federal social security act, and  the  sum
  of   the   disability   retirement  allowance,  supplemental  retirement
  allowance,  workmen's  compensation  benefit,  and  the  primary  social
  security  disability  insurance benefit exceeds final salary, as defined
  in subdivision e, section four hundred two of this article, that portion
  of the pension which increases the combined benefit above  final  salary
  shall  be  suspended  for  the  duration of the period that the combined
  benefit would so exceed final salary.