2006 New York Code - Retirement; For Disability.

 
    §  13-550  Retirement;  for disability. a. Upon the application of the
  head of the department in which a contributor is employed, or  upon  the
  application  of  such contributor or of one acting in his or her behalf,
  such board shall retire such contributor for  disability,  provided  the
  medical  board,  after  a medical examination of such contributor, shall
  certify to such board that such contributor is  physically  or  mentally
  incapacitated  for  the  performance  of  duty and that such contributor
  ought to be retired, and, provided, further, that such  contributor  has
  had ten or more years of city-service.
    b. Notwithstanding any law to the contrary, a member who satisfies the
  requirements  of subdivision a of this section and is otherwise eligible
  (disregarding any service requirement) to retire for disability pursuant
  to this section or section five hundred six or six hundred five  of  the
  retirement  and social security law, as applicable, may elect to receive
  a benefit equal to the death benefit which would  have  been  paid,  had
  such  member  died  on  the member's last day on the payroll in full pay
  status pursuant to section 13-542, 13-543 or  13-545  of  this  chapter,
  section  four hundred forty-eight, five hundred eight or six hundred six
  of the retirement and social security law, as applicable.
    c. To be eligible for the benefit provided in subdivision  b  of  this
  section,   a  member  must  have  been  determined  in  accordance  with
  subdivision a of this section to have (i) a terminal  illness  resulting
  in  a  life  expectancy of no more than twelve months, or (ii) a medical
  condition  of  a  long  continued  and  indefinite  duration   requiring
  extraordinary care or treatment regardless of life expectancy.
    d.  The  benefit provided in subdivision b of this section shall be in
  lieu of any disability benefit to which  the  member  may  otherwise  be
  entitled.  A  member  who is otherwise eligible to retire for disability
  must elect the benefit provided in subdivision  b  of  this  section  no
  later  than  the thirtieth day following the day on which (i) the system
  notifies the member that the member has been retired for disability,  or
  (ii)  the  member  is  first eligible to commence receiving a disability
  retirement benefit, whichever is later. Such election when made shall be
  irrevocable.
    e. Except as provided in  this  subdivision,  a  member  electing  the
  benefit provided in subdivision b of this section shall for all purposes
  be  deemed  to  have  been  retired  for disability. Notwithstanding the
  foregoing, should a member who  has  elected  the  benefit  provided  in
  subdivision  b  of this section thereafter be restored to active service
  and again become a member of the system,
    (i) no death benefit shall be payable pursuant to  section  13-542  of
  this  chapter,  section  four hundred forty-eight, five hundred eight or
  six hundred six of the retirement and social security law, as applicable
  in the event of the member's subsequent death, and
    (ii) unless such member shall have rendered  five  years  of  credited
  service  since  last  becoming  a  member  of the system, any retirement
  benefit to which such member may thereafter  become  entitled  shall  be
  reduced  by  the  actuarial  value  of  the  benefit  paid  pursuant  to
  subdivision  b  of  this  section  (less  the  actuarial  value  of  any
  applicable post-retirement death benefit which would have been available
  but for this subdivision).
    f.  The  retirement  board  is  authorized  to  adopt  such  rules and
  regulations as it may deem necessary to implement the provisions of this
  section.