2006 New York Code - Retirement; For Ordinary Disability.

 
    §  13-167  Retirement; for ordinary disability. a. Medical examination
  of a member in city service for ordinary disability shall be  made  upon
  the  application  of  the  head  of  the  agency in which such member is
  employed, or upon the application of such member or of a  person  acting
  in his or her behalf, stating that such member is physically or mentally
  incapacitated  for  the  performance  of  duty  and ought to be retired,
  provided:
    (1) that such member has had ten or more years of city-service and was
  a member or otherwise in city-service in each  of  the  ten  years  next
  preceding his or her retirement; or
    (2)  that such member (a) is a sanitation member at the time of his or
  her retirement, and (b) has had five or more years of allowable  service
  as a sanitation member and (c) was a member or otherwise in city-service
  in each of the five years next preceding his or her retirement.
    b.  If such medical examination shows that any such member referred to
  in subdivision a of this section is physically or mentally incapacitated
  for the performance of duty and ought to be retired, the  medical  board
  shall  so  report  and  the  board shall retire such member for ordinary
  disability not less than thirty nor more  than  ninety  days  after  the
  execution and filing of application therefor with the retirement system.
    c.  Death  of  applicant before effective date of retirement. Upon the
  death of an applicant, other than an applicant whose city service was as
  a police officer or firefighter, who has had ten or more years  of  city
  service and was a member or otherwise in city service in each of the ten
  years next preceding the date of his application for ordinary disability
  retirement, and the medical board reports that at the time of the filing
  of  the application such member was physically or mentally incapacitated
  for the performance of duty and ought  to  be  retired,  and  that  such
  member's  subsequent  death  in  the  interval between the filing of the
  application and the action of the board thereon was directly related  to
  such  physical  or mental incapacity, the board shall retire such member
  effective not later than one day before  the  date  of  the  applicant's
  death.