For purposes of filing an application for the disability retirement benefits provided by sections 62, 63, 362, 363, 363-b, 363-c, 506 and 507 of the Retirement and Social Security Law, a member of the New York State Employees' Retirement System or the New York State Policemen's and Firemen's Retirement System shall be deemed to be in service upon which membership is based:
Service credit shall not be granted for the period of any such leave of absence without pay. For the purposes of sections 507-a and 605 of the Retirement and Social Security Law, a member of the New York State Employee's Retirement System who is receiving benefit payments from either Workers' Compensation or other employer-funded disability programs, and whose employment has not terminated by resignation, employer action or any other means, shall be considered to be on a leave of absence for medical reasons without pay.
N.Y. Comp. Codes R. & Regs. Tit. 2 § 309.5