Section 363-C. Retirement for disability incurred in performance of duty

a. After January first,  nineteen  hundred  eighty-five,  a  member  who
  becomes physically or mentally incapacitated for the performance of duty
  shall  be  covered  by  the  provisions  of  this section in lieu of the
  provisions of section three hundred sixty-three of this article; except,
  however, any such member who last entered or re-entered service prior to
  that date shall be entitled to apply for disability retirement  pursuant
  to  such  section  and  to receive the benefit so payable in lieu of the
  benefit payable pursuant to this section.
    b.  Eligibility.  A  member  shall  be  entitled  to  retirement   for
  disability  incurred  in  the  performance  of  duty  if,  at  the  time
  application therefor is filed, he is:
    1. 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, and
    2. Actually in service upon which his membership is based. 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 subdivision a of this section and this subdivision.
    c. Application. Application for retirement for disability incurred  in
  performance of duty may be made by:
    1. Such member, or
    2. The head of the department in which such member is employed.
    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.  (a)  No  such  application  shall be approved, however, unless the
  member or some other person on  his  behalf  shall  have  filed  written
  notice  in  the  office  of the comptroller within ninety days after the
  occurrence which is  the  basis  for  the  disability  incurred  in  the
  performance of duty, setting forth:
    1. The time, date and place of such occurrence, and
    2. The particulars thereof, and
    3. The nature and extent of the member's injuries, and
    4. The alleged disability.
    (b) The notice herein required need not be given:
    1.  If notice of such occurrence shall be filed in accordance with the
  provisions of the workers' compensation law of any state within which  a
  participating  employer  shall  have its employees located or performing
  functions and duties within the normal scope of their employment, or
    2. If the application for retirement for disability  incurred  in  the
  performance  of  duty  is  filed  within  one year after the date of the
  occurrence which forms the basis for the application, or
    3. If a failure to file notice has been excused for good  cause  shown
  as provided by rules and regulations promulgated by the comptroller.
    (c)  Notwithstanding  any  other provision of law to the contrary, the
  provisions of this subdivision shall apply to all occurrences before  or
  after the effective date of this section.
    f.  The  retirement  allowance  payable upon retirement for disability
  incurred in the performance of  duty  shall  consist  of  a  pension  of

  one-half  of his final average salary plus an annuity which shall be the
  actuarial equivalent of the member's accumulated contributions, if any.
    g.  If  the  member, at the time of the filing of an application under
  the provisions of subdivision c of  this  section,  is  eligible  for  a
  service   retirement   benefit,   then   and   in  that  event,  he  may
  simultaneously file an application for service retirement provided  that
  the member indicates on the application for service retirement that such
  application  is  filed  without  prejudice  to  the  application for the
  retirement for disability incurred in performance of duty.
    h. The provisions of  this  section  and  the  benefits  provided  for
  therein  shall  not  be  applicable  to  members  who are subject to the
  provisions of section three hundred sixty-three-b of this article.
    i. 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  benefit  payable
  pursuant  to  the  workers'  compensation  law  to  a member receiving a
  disability allowance pursuant to this section shall be  in  addition  to
  such   retirement   for  disability  incurred  in  performance  of  duty
  allowance.
    j. A final determination of the comptroller that  the  member  is  not
  entitled  to  retirement  benefits pursuant to this section shall not in
  any respect be, or constitute, a determination with regard  to  benefits
  payable  pursuant  to section two hundred seven-a or section two hundred
  seven-c of the general municipal law.