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This entry was published on 2021-11-05
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Performance of duty disability retirement
Retirement & Social Security (RSS) CHAPTER 51-A, ARTICLE 15
* § 607-j. Performance of duty disability retirement. a. Any member of
the retirement system employed by the division of military and naval
affairs shall be eligible to retire pursuant to the provisions of this
section if he or she is an airport firefighter apprentice, airport
firefighter I, airport firefighter II, airport firefighter III or
training and safety officer.

b. Notwithstanding any provision of this chapter or of any general or
special law to the contrary, any member who becomes physically or
mentally incapacitated as the result of a disability, who is presently
employed and who shall have sustained such disability while so employed
and while actually a member of the retirement system, provided that such
disability or death (A) was caused by the natural and proximate result
of a disability, not caused by such firefighter's own willful negligence
and (B) was incurred in the performance and discharge of duty, unless
the contrary be proven by competent evidence, shall be paid a
performance of duty disability retirement benefit payable pursuant to
this section.

c. Application for a performance of duty disability retirement
allowance for such a member may be made by:

1. Such member;

2. The head of the department in which such member is employed; or

3. Some person acting on behalf of and authorized by such member.

d. 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 and ought to be retired for performance of duty disability, such
member shall be so retired. Such retirement shall be effective as of a
date approved by the comptroller.

e. The retirement allowance payable upon retirement for performance of
duty disability shall consist of a pension of one-half of his or her
final average salary plus an annuity which shall be the actuarial
equivalent of such member's accumulated contributions, if any.

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, such member may
simultaneously file an application for service retirement in accordance
with the provisions of section seventy of this chapter, provided that
the member indicates on the application for service retirement that such
application is filed without prejudice to the application for
performance of duty disability retirement.

g. Any benefit provided pursuant to this section shall not be
considered as an accidental disability benefit within the meaning of
section sixty-four of this chapter. 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.

* NB There are 3 § 607-j's