N.Y. Retirement & Social Security Law § 607-k: Certain impairments of health; presumption

§ 607-k. Certain impairments of health; presumption. 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 condition of impairment of health

caused by: (1) diseases of the heart; or (2) any (i) melanoma or (ii)

condition of cancer affecting the lymphatic, digestive, hematological,

urinary, neurological, breast, reproductive or prostate systems

resulting in disability to a member covered by this section, presently

employed, who successfully passed a physical examination on entry into

service as an airport firefighter apprentice, airport firefighter I,

airport firefighter II, airport firefighter III or training and safety

officer which examination failed to reveal evidence of any disease or

other impairment of the heart or such melanoma or condition, shall be

presumptive evidence that it was incurred in the performance and

discharge of duty, unless the contrary be proven by competent evidence

and shall be paid a performance of duty disability retirement allowance

equal to that which is provided in section sixty-three of this chapter,

subject to the provisions of sections sixty-three and sixty-four of this

chapter.

c. Notwithstanding any provision of this chapter or of any general or

special law to the contrary, any condition of impairment of health

caused by diseases of the lung, resulting in disability to a member

covered by this section, presently employed, who successfully passed a

physical examination on entry into service as an airport firefighter

apprentice, airport firefighter I, airport firefighter II, airport

firefighter III or training and safety officer, which examination failed

to disclose evidence of any disease or other impairment of the lung,

shall be presumptive evidence that it was incurred in the performance

and discharge of duty, unless the contrary be proven by competent

evidence and shall be paid a performance of duty disability retirement

allowance equal to that which is provided in section sixty-three of this

chapter, subject to the provisions of section sixty-four of this

chapter.

d. After the filing of 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. If the member, at the time of the filing of such application, is

eligible for a service retirement benefit, then and in that event, such

member 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 performance of duty disability retirement.