Section 363-E. Disability retirement allowance for members of the division of law enforcement in the department of environmental conservation and the regional state park police

a.  Every  non-seasonally  appointed  sworn  member  or officer of the
  division  of  law  enforcement  in  the  department   of   environmental
  conservation  and  the regional state park police 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-two or three hundred sixty-three  of  this  article;
  except,  however,  any  such  member  or  officer  who  last  entered or
  reentered service in the department  of  environmental  conservation  or
  state  park  police,  as  the  case  may  be,  prior to September first,
  nineteen hundred ninety-seven, 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 disability
  retirement allowance under this section  if,  at  the  time  application
  therefor is filed, he/she 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/her
  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/her 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.  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 this subdivision and
  subdivision a of this section.
    c. Application. Application  for  a  disability  retirement  allowance
  under this section may be made by:
    1. Such member, or
    2. The commissioner of the department of environmental conservation or
  the office of parks, recreation and historical preservation, as the case
  may be 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/she 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-five 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
  January first, nineteen hundred eighty-seven  as  provided  pursuant  to
  paragraph  one of subdivision d of section three hundred eighty-three-a,
  or   paragraph   one   of   subdivision   f  of  section  three  hundred
  eighty-three-b of this article, as the case may be, plus
    (b) A pension which together with such annuity provides  an  allowance
  equal to one-half of his final average salary.
    f.  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 in  accordance
  with  the  provisions  of  section three hundred eighty-three-a or three
  hundred eighty-three-b of this article, as the  case  may  be,  provided
  that the member indicates on the application for service retirement that
  such  application  is filed without prejudice to the application for the
  disability retirement allowance under this section.
    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  workers'  compensation  law  to  a  member or officer
  receiving a disability allowance pursuant to this section  shall  be  in
  addition  to  such  disability  allowance  under this section, 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,   workers'  compensation  benefit,  and  the  primary  social
  security disability insurance benefit exceeds final salary,  as  defined
  in  subdivision  e  of  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.