N.Y. Retirement & Social Security Law § 607-l: Performance of duty disability retirement; division of homeland security and emergency services

§ 607-l. Performance of duty disability retirement; division of

homeland security and emergency services. a. Any employee of the

division of homeland security and emergency services in the title series

fire protection specialist who becomes physically or mentally

incapacitated for the performance of duty as the natural and proximate

result of an injury sustained in the performance or discharge of his or

her duties shall be paid a performance of duty disability retirement

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

this chapter.

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 diseases of the heart resulting in disability or death to an

employee covered by this section presently employed who shall have

sustained such disability while so employed and who successfully passed

a physical examination on entry into service, which examination failed

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

shall be presumptive evidence that such disease or impairment was

incurred in the performance and discharge of duty, unless the contrary

be proved by competent evidence.