The following benefits shall be paid by the state on account of disability of a member of the division of state police:
- 1. To every person now a member or who shall hereafter become a member of the division of state police, who is now or who shall hereafter become physically or mentally unable to perform his regular duties in a manner satisfactory to the superintendent of the division of state police there shall be paid during the period of such disability an amount of not less than one-third nor more than one-half of his salary including maintenance allowance, which amount within such limits shall be determined by a board consisting of the superintendent of state police, the attorney-general and the state comptroller. A member of the New York state employees' retirement system who has heretofore served as a member of the division of state police for a period of fifteen years or more and who, following such a period of service, has heretofore been retired for ordinary disability under the provisions of section seventy-eight of the civil service law shall, notwithstanding the provisions of section ninety-three of the civil service law, receive from the state from appropriations made for the purpose of this section such sum as will bring his retirement allowance under section seventy-eight of the civil service law up to the amount which he would have received under this subdivision if he were not a member of the New York state employees' retirement system and were entitled to the benefits provided for by this subdivision, to be determined in the manner prescribed thereby.
- 2. The provisions of this section shall not apply in the case of any member of the division of state police who is a member of the New York state employees' retirement system unless he was retired by such system for ordinary disability prior to May twenty-second, nineteen hundred forty-two.