N.Y. Comp. Codes R. & Regs. tit. 2 § 369.1
Chapter 722 of the Laws of 1996 created a new performance of duty disability retirement which covers members in the uniformed personnel in institutions under the jurisdiction of Department of Correctional Services and Security Hospital Treatment Assistants, as those terms are defined in section 89 of the Retirement and Social Security Law. Chapter 722 added a new section 63-A, a new section 507-b and a new section 607-a to, the Retirement and Social Security Law, which govern the benefit. While sections 63-A, 507-b and 607-a as added by chapter 722, cover the substantive requirements for eligibility for the new performance of duty disability retirement benefit and contains provisions relating the benefit calculation, they do not contain any provisions pertaining to the filing of applications for the performance of duty disability benefit covered therein. Under these sections, the benefit is to be calculated under the liberal formula which covers Tier 1 accidental disability retirement benefits, and the benefit is to be offset under section 64 of the Retirement and Social Security Law by Workers' Compensation benefits in the same manner as is applicable to accidental disability retirement benefits. Accordingly, in view of the above and other available information regarding the legislative intent, we believe that it is clear that the Legislature intended that the rules governing filing procedures and deadlines to be applied to performance of duty disability retirement under these sections are the liberal accidental disability retirement filing provisions of section 63 of the Retirement and Social Security Law and any regulations applying thereto, including Part 309 of this Title.
N.Y. Comp. Codes R. & Regs. Tit. 2 § 369.1