2013 New York Consolidated Laws
RSS - Retirement & Social Security
Article 14 - (500 - 520) COORDINATED-ESCALATOR RETIREMENT PLAN
506 - Ordinary disability benefits.

 
    §  506.  Ordinary disability benefits.   a. A member in active service
  who is  not  eligible  for  a  normal  retirement  benefit  shall,  upon
  completing  five  years or more of service, be eligible for the ordinary
  disability benefit described in subdivision b of this  section  if  such
  member  has  been  determined to be eligible for primary social security
  disability benefits; provided, however, that no member of the  New  York
  state   teachers'  retirement  system,  the  New  York  city  employees'
  retirement system, the New  York  city  board  of  education  retirement
  system,  the  New  York city teachers' retirement system or the New York
  state and local employees' retirement system who is  otherwise  eligible
  for  ordinary  disability  benefits  pursuant  to  this section shall be
  deemed to be  ineligible  for  such  benefits  because  such  member  is
  eligible for a normal service retirement benefit.
    b.  The ordinary disability benefit hereunder shall be a pension equal
  to the greater of  (i)  thirty-three  and  one-third  percent  of  final
  average  salary, or (ii) two percent of final average salary times years
  of credited service not in excess of the maximum years  of  service  for
  computing service retirement, such benefit in each case to be reduced by
  fifty  percent  of  the  primary  social  security disability benefit as
  provided in section five hundred eleven and one hundred percent  of  any
  workmen's compensation benefits payable.
    c.  For  the  purpose  of  applying  the five year service eligibility
  requirement in subdivision a of this section,  service  shall  mean  all
  credited service rendered since a member last joined a public retirement
  system.  Provided  however,  if  the  member  had  been in active public
  service prior to joining the  system  involved,  all  continuous  public
  service  immediately  prior  to  the date of membership shall be counted
  toward the five year  service  requirement.  For  the  purpose  of  this
  subdivision,  continuous  public  service  shall  mean  service during a
  period in which an employee was not off the payroll of a public employer
  for more than thirty days.
    d. The provisions of subdivisions d,  e,  f  and  g  of  section  five
  hundred  seven  of this chapter shall apply to disability benefits under
  this section.