Section 507-A. Disability retirement  


Latest version.
  • a.  Application for a disability
      retirement  allowance  for  a  member  in  the  uniformed  personnel  in
      institutions  under  the  jurisdiction of the department of correctional
      services of New York state  as  defined  in  subdivision  i  of  section
      eighty-nine  of this chapter or for a member serving in institutions who
      is also in a title defined in such  subdivision  and  who  has  made  an
      election pursuant to the provisions of article seventeen of this chapter
      or the New York city department of correction may be made by:
        1. Such member, or
        2. The head of the department in which such member is employed.
        b.  At  the  time  of  the  filing  of an application pursuant to this
      section, the member must:
        1. Have at least ten years of total service credit, and
        2. The application must be filed within three  months  from  the  last
      date the member was being paid on the payroll or within twelve months of
      the  last  date  he  was  being paid on the payroll provided he was on a
      leave of absence for medical reasons  without  pay  during  such  twelve
      month  period  provided  the  member  was disabled at the time he ceased
      being paid.
        3. Provided, however, if the retirement system  determines  that  such
      member  was  physically  or  mentally  incapacitated  for performance of
      gainful employment as the natural and proximate result  of  an  accident
      not caused by his own willful negligence sustained in the performance of
      his  duties  in active service while actually a member of the retirement
      system the requirement that the member should have ten years of credited
      service shall be inapplicable.
        c. If the retirement system determines that the member  is  physically
      or mentally incapacitated for the performance of gainful employment, and
      that  he  was  so incapacitated at the time he ceased his performance of
      duties and ought to be retired for disability, he shall be  so  retired.
      Each retirement system shall be entitled to adopt appropriate procedures
      for making the foregoing determination, including but not limited to the
      conducting   of  medical  examinations,  if  any,  for  the  purpose  of
      determining  initial  entitlement  of  an   applicant   for   disability
      retirement  or  to  continued  entitlement  to  a  disability retirement
      allowance. Such retirement shall be effective as of a date  approved  by
      the head of the retirement system.
        d.  Upon  retirement  for  disability  one of the following retirement
      allowances shall be payable:
        1. In the case of a member of a retirement system other than  the  New
      York  city  employees' retirement system, if the member has attained age
      sixty when such retirement becomes effective, his  retirement  allowance
      shall  be  equal  to  that which he would receive in the case of service
      retirement at normal retirement age based on his credited service but in
      no event shall such retirement allowance exceed the amount he would have
      received pursuant to paragraph two of this subdivision.
        2. In the case of a member of a retirement system other than  the  New
      York  city  employees' retirement system, if the member has not attained
      age  sixty  when  such  retirement  becomes  effective,  his  retirement
      allowance  shall  consist  of  a  retirement allowance which shall equal
      one-sixtieth of his final average salary multiplied  by  the  number  of
      years  of  his credited service, which formula shall be used only if the
      retirement allowance so computed exceeds one-third of his final  average
      salary.  If  the  retirement  allowance  so  computed  shall  amount  to
      one-third or less of the member's final average salary,  his  retirement
      allowance shall be computed upon the basis of the total service which he
      would  have  rendered  if  he continued in service until he attained age
      sixty provided that  the  resulting  retirement  allowance  computed  by
    
      resort  to this formula shall not exceed one-third of the member's final
      average salary.
        3.  In the case of a member of the New York city employees' retirement
      system, his retirement allowance shall be equal to the greater of:
        (i) one-third of his final average salary; or
        (ii) one-sixtieth of his final average salary multiplied by the number
      of years of his credited service; provided,  however,  that  where  such
      member  is  otherwise eligible to retire for service, and the retirement
      allowance which he would receive in the case of  service  retirement  is
      larger  than  the  retirement allowance he would otherwise receive under
      this subparagraph or subparagraph (i) of this paragraph, his  disability
      retirement  allowance  pursuant  to this paragraph shall be equal to the
      retirement allowance he would receive if he had retired for service.
        * NB Expires June 30, 2011