Section 374. 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 power 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  use  the  medical  board  appointed  pursuant to the
      provisions of section seventy-four of this chapter. 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  in  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.