N.Y. Retirement & Social Security Law Section 607-J*3
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 § 70 (Superannuation retirement)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

Source: Section 607-J*3 — Performance of duty disability retirement, https://www.­nysenate.­gov/legislation/laws/RSS/607-J*3 (updated Nov. 5, 2021; accessed Oct. 26, 2024).

600
Application 601
Definitions 602
Eligibility for service retirement benefits 603
Eligibility for service retirement benefits 604
Service retirement benefits 604‑A
Twenty-year retirement program for New York city sanitation members 604‑B
Twenty-five-year and age fifty-five retirement program for New York city transit authority members 604‑C
Supplemental retirement allowance 604‑C*2
Optional twenty-five-year early retirement program for certain New York city members 604‑C*3
Twenty-year retirement program for Triborough bridge and tunnel members 604‑D
Age fifty-seven retirement program for certain New York city members 604‑E
Twenty-five year retirement program for dispatcher members 604‑E*2
Twenty-five year retirement program for EMT members 604‑F
Twenty-five year retirement program for deputy sheriff members 604‑F*2
Twenty-five year retirement program for special officer, parking control specialist, school safety agent, campus peace officer or New Yor... 604‑G
Twenty-five year/age fifty retirement program for automotive members 604‑H
Twenty-five year retirement program for police communications members 604‑I
Age fifty-five retirement program for New York city teachers and certain other members 604‑J
Twenty-five year retirement program for fire protection inspector members 605
Disability retirement 605‑A
Accidental disability retirement for uniformed court officers and peace officers employed in the unified court system 605‑B
Accidental disability retirement for New York city uniformed sanitation members 605‑B*2
Uniformed court officers and peace officers 605‑C
Accidental disability retirement for deputy sheriffs employed by the city of New York 605‑D
Accidental disability retirement for chief fire marshals, assistant fire marshals, division supervising fire marshals, supervising fire m... 605‑E
Accidental disability retirement for ambulance medical technician supervisors, ambulance medical technician coordinators, ambulance medic... 605‑F
Disability benefits 605‑G
Accidental disability retirement for deputy sheriffs in Nassau county 605‑G*2
Accidental disability retirement for deputy sheriffs in Suffolk county 606
Death benefits 606‑A
Death benefit for vested members who die prior to retirement 606‑B
Death benefit for deputy sheriffs employed by Nassau county 606‑B*2
Death benefits for correction officers employed by Nassau county 606‑B*3
Death benefits for correction officers employed by Suffolk county 606‑B*4
Death benefits for deputy sheriffs employed by Suffolk county 606‑C
Death benefits for correction officers employed by Westchester county 606‑C*2
Death benefits for fire marshals employed by Nassau county 607
Accidental death benefits 607‑A
Performance of duty disability retirement 607‑B
Performance of duty disability retirement 607‑C
Performance of duty disability benefit 607‑D
Disability benefits 607‑E
Accidental disability retirement 607‑F
Payment of both pensions for accident and other benefits prohibited 607‑G
Retirement for disability benefits incurred in the performance of duty 607‑H
Disability benefits 607‑I
COVID-19 benefit 607‑J
Performance of duty, disability retirement for chief fire marshals, assistant chief fire marshals, division supervising fire marshals, su... 607‑J*2
Performance of duty disability retirement benefits for certain first responders in Nassau county 607‑J*3
Performance of duty disability retirement 607‑K
Certain impairments of health 607‑L
Performance of duty disability retirement 608
Final average salary 609
Credit for service 610
Options 611
Optional retirement program 612
Vesting 613
Member contributions 613‑A
Loans to members of a teachers’ retirement system 613‑B
Loans to members of certain retirement systems 614
Effect of other laws 615
Duration 616
Transfer of membership 617
Recalculation of benefits
Green check means up to date. Up to date

Accessed:
Oct. 26, 2024

Last modified:
Nov. 5, 2021

§ 607-J*3’s source at nysenate​.gov

Link Style