2006 New York Code - Ordinary Disability Retirement.

 
    §  362. Ordinary disability retirement. a. Application for an ordinary
  disability retirement allowance for a member may be made by:
    1. Such member, or
    2. The head of the department in which such member is employed, or
    3. Some person acting on behalf of and authorized by such member.
    aa. 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. Actually be in service upon which his membership is based, or, have
  been discontinued from service, either voluntarily or involuntarily, for
  not  more  than  ninety days, providing the member was disabled prior to
  such discontinuance.
  After the filing of such an application, such member shall be given  one
  or  more  medical  examinations.  If the comptroller determines that the
  member is physically or mentally incapacitated for  the  performance  of
  duty  and  ought  to  be retired for ordinary disability, he shall be so
  retired. Such retirement shall be effective as of a date approved by the
  comptroller.
    b. Upon retirement  for  ordinary  disability  one  of  the  following
  retirement allowances shall be payable:
    1.  If  a  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 superannuation retirement.
    2.  If  the  member  has  not  attained age sixty when such retirement
  becomes effective, his retirement allowance shall consist of:
    (a) An  annuity  which  shall  be  the  actuarial  equivalent  of  his
  accumulated contributions at the time of his retirement, plus
    (b)   A   pension   which   is   the   actuarial   equivalent  of  the
  reserve-for-increased-take-home-pay to which he may then be entitled, if
  any, plus
    (c) A pension computed in accordance with whichever of  the  following
  provides the greater benefit:
    (1)  A  pension  which,  together  with  the  member's annuity and the
  pension-providing-for-increased-take-home-pay,  if  any,   shall   equal
  ninety  per  centum  of  one-seventieth  of  his  final  average  salary
  multiplied by the number of years of his  total  service  credit,  which
  formula  shall  be  used  only  if  the retirement allowance so computed
  exceeds one-quarter of his final average salary.
    If the retirement allowance so computed shall amount to one-quarter or
  less of the member's final average salary, his pension 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 so far as the resulting
  retirement allowance computed by resort to this formula shall not exceed
  one-quarter of the member's final average salary.
    (2)  A  pension  which  together  with  the  member's  annuity and the
  pension-providing-for-increased-take-home-pay,  if  any,   shall   equal
  one-sixtieth  of  his  final  average salary multiplied by the number of
  years of his total service credit, 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 pension
  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 so
  far as the resulting retirement allowance computed  by  resort  to  this
  formula shall not exceed one-third of the member's final average salary.
  In  the  case of persons who last became members on or after July first,
  nineteen hundred seventy-three, the provisions of this  item  (2)  shall
  apply  only  to  those  who  file an application for ordinary disability
  retirement with the comptroller prior to July  first,  nineteen  hundred
  seventy-four.
  For  the purpose only of determining the amount of a pension pursuant to
  any of the above formulae, the annuity shall be computed as it would be:
    (aa) If not reduced by the actuarial  equivalent  of  any  outstanding
  loan, and
    (bb)  If  not  increased by the actuarial equivalent of any additional
  contributions, and
    (cc) If not reduced by reason of the member's election to decrease his
  annuity contributions to the policemen's and firemen's retirement system
  in order to apply the  amount  of  such  reduction  in  payment  of  his
  contributions for old-age and survivors insurance coverage.
    c.  If  the  member, at the time of the filing of an application under
  the provisions of subdivision  a  hereof,  is  eligible  for  a  service
  retirement  benefit,  then and in that event, he may simultaneously file
  an application for service retirement in accordance with the  provisions
  of  section  three  hundred  seventy  of this chapter, provided that the
  member indicates on the application for  service  retirement  that  such
  application  is  filed without prejudice to the application for ordinary
  disability retirement.
    d. An application for an ordinary disability retirement allowance  may
  be filed, as otherwise provided herein, simultaneously with or after the
  filing  of  an  application  for  an  accidental  disability  retirement
  allowance, providing a member meets the requirements of this section. If
  the comptroller shall grant the application for an accidental disability
  retirement allowance and the  application  for  an  ordinary  disability
  retirement  allowance,  the  accidental  disability retirement allowance
  shall become payable unless the applicant files a timely written request
  with the comptroller  to  receive  the  ordinary  disability  retirement
  allowance  in lieu of the accidental disability retirement allowance, in
  which case the ordinary disability  retirement  allowance  shall  become
  payable.  To  become  effective, such written request must be filed with
  the comptroller within  thirty  days  following  notification  that  the
  applications   for   ordinary   disability   retirement  and  accidental
  disability retirement have both been granted.