Section 74. Procedure for retirement  


Latest version.
  • a. Every application for a retirement
      allowance  or  other  benefit provided by this article shall be executed
      and filed with the comptroller.   Each such  application  shall  contain
      such information as the comptroller shall deem necessary.
        b.  The  comptroller  shall  have exclusive authority to determine all
      applications for any form of retirement or benefit provided for in  this
      article.  He  shall examine into the facts of each such application, and
      to that end, shall have full power and authority to:
        1. Employ experts and specialists, and
        2. Require the attendance of the applicant and other witnesses, and
        3. Require the production of all books, papers,  documents  and  other
      records pertaining to such inquiry, and
        4. Administer oaths and take testimony.
        The  comptroller  shall  have  the power to issue subpoenas, under his
      hand, returnable anywhere in the  state.  Any  such  subpoena  shall  be
      served  in  the  same  manner  and  have  the same force and effect as a
      subpoena issued in an action pending in the supreme court.
        c. After making his determination on any application  the  comptroller
      forthwith  shall  mail  a  written notice thereof to the applicant. Such
      notice shall be mailed to the address given in such application.
        d. At any time within four months after the mailing  of  such  notice,
      the  applicant  or  his  counsel  may  serve  a  written demand upon the
      comptroller for a  hearing  and  redetermination  of  such  application.
      After  the  service of such demand, the comptroller shall hold a hearing
      upon such application at which  the  applicant  may  be  represented  by
      counsel.    The comptroller shall have the same powers upon such hearing
      as upon the original application. After  such  hearing  the  comptroller
      shall  make  his  final determination. A copy thereof shall be mailed to
      the applicant and his counsel, if any. Such final determination shall be
      subject to review only as provided in article seventy-eight of the civil
      practice law and rules.
        e. To aid  him  in  passing  upon  applications  for  retirement,  the
      comptroller  shall  appoint  a medical board consisting of not less than
      five physicians who shall hold office  at  his  pleasure.  Such  medical
      board shall:
        1.  Arrange  for  and  pass  upon all medical examinations required or
      allowed under the provisions of this article, and
        2. Have  full  power  and  authority  to  investigate  statements  and
      certificates  submitted by or on behalf of a claimant in connection with
      any application for accidental death benefit, disability  retirement  or
      restoration to service thereafter, and
        3. Have full power and authority to administer oaths and require sworn
      statements and testimony with respect to matters under its jurisdiction.
      The  comptroller  may  designate  other  doctors  to conduct the medical
      examination required or allowed hereunder. The  medical  board,  in  any
      case in which it shall deem it advisable, may require any such doctor to
      conduct  any  such  examination  and  to  report in writing his findings
      thereon to the medical board. The medical board shall thereupon consider
      such report. Upon completion of its examination  and  investigation  and
      after the consideration of the report, if any, of any such other doctor,
      the  medical  board  shall  submit  to  the  comptroller a report of its
      findings and proceedings which shall include the report, if any, of such
      other doctor. The report of the medical board  shall  be  admissible  in
      evidence  upon  any hearing before the comptroller or in connection with
      any examination or investigation  conducted  by  him  pursuant  to  this
      article.
    
        f.  The  comptroller, in any particular case, may designate one of his
      deputies or any other person to perform the duties imposed upon  him  by
      this section.
        g.  In  connection with the proceedings authorized by this section the
      comptroller shall not be bound by  common  law  or  statutory  rules  of
      evidence, or by technical or formal rules of procedure.