2013 New York Consolidated Laws
RSS - Retirement & Social Security
Article 15 - (600 - 617) COORDINATED RETIREMENT PLAN
605 - Disability retirement.

 
    §   605.  Disability  retirement.  a.  Application  for  a  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.
    b. 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.  The  application  must  be  filed  either  (a)  by a vested member
  incapacitated as the result of a qualifying World Trade Center condition
  as defined in section two of this chapter, at any time,  or  (b)  within
  three months from the last date the member was being paid on the payroll
  or, (c) in the case of a member who was placed on a leave of absence for
  medical reasons without pay, either voluntarily or involuntarily, at the
  time he ceased being paid, application may be made not later than twelve
  months  after  the date the employee receives notice that his employment
  status has been terminated. In the case of a  member  of  the  New  York
  state  teachers'  retirement  system,  the application must be filed not
  later than twelve months after the last date the member was  being  paid
  on  the  payroll or, where the member was placed on leave of absence for
  medical reasons without pay, either voluntarily or involuntarily at  the
  time  the  member  ceased being paid, not later than twelve months after
  the date the member receives notice that the member's employment  status
  has been terminated.
    3.  Provided,  however,  if the retirement system determines that such
  member was physically  or  mentally  incapacitated  for  performance  of
  gainful  employment  as  the natural and proximate result of an accident
  not caused by his own willful negligence sustained in the performance of
  his duties in active service while actually a member of  the  retirement
  system the requirement that the member should have ten years of credited
  service shall be inapplicable.
    c.  If  the retirement system determines that the member is physically
  or mentally incapacitated for the performance of gainful employment, and
  that he was so incapacitated at the time he ceased  his  performance  of
  duties  and  ought to be retired for disability, he shall be so retired.
  Each retirement system shall be entitled to adopt appropriate procedures
  for making the foregoing determination, including but not limited to the
  conducting  of  medical  examinations,  if  any,  for  the  purpose   of
  determining   initial   entitlement   of  an  applicant  for  disability
  retirement or  to  continued  entitlement  to  a  disability  retirement
  allowance.  Such  retirement shall be effective as of a date approved by
  the head of the retirement system.
    d. Upon retirement for disability  one  of  the  following  retirement
  allowances shall be payable:
    1.  In  the case of a member of a retirement system other than the New
  York city employees' retirement system,  the  New  York  city  board  of
  education  retirement  system  or the New York city teachers' retirement
  system, if the 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 service retirement at normal retirement
  age based on his credited service but in no event shall such  retirement
  allowance  exceed  the amount he would receive pursuant to paragraph two
  of this subdivision.
    2. In the case of a member of a retirement system other than  the  New
  York  city  employees'  retirement  system,  the  New York city board of
  education retirement system or the New York  city  teachers'  retirement
  system,  if  the  member has not attained age sixty when such retirement
  becomes  effective,  his  retirement  allowance  shall  consist   of   a
  retirement allowance which shall equal one-sixtieth of his final average

  salary  multiplied by the number of years of his credited service, 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 retirement allowance 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  provided  that  the
  resulting  retirement allowance computed by resort to this formula shall
  not exceed one-third of the member's final average salary.
    3. In the case of a member of the New York city employees'  retirement
  system,  the  New  York city board of education retirement system or the
  New York city teachers'  retirement  system,  his  retirement  allowance
  shall be equal to the greater of:
    (i) one-third of his final average salary; or
    (ii) one-sixtieth of his final average salary multiplied by the number
  of  years  of  his  credited service; provided, however, that where such
  member is otherwise eligible to retire for service, and  the  retirement
  allowance  which  he  would receive in the case of service retirement is
  larger than the retirement allowance he would  otherwise  receive  under
  this  subparagraph or subparagraph (i) of this paragraph, his disability
  retirement allowance pursuant to this paragraph shall be  equal  to  the
  retirement allowance he would receive if he had retired for service.
    4.  Notwithstanding  the  provisions  of this subdivision, the minimum
  benefit payable to a member of the New York state and  local  employees'
  retirement  system  who has been determined to be physically or mentally
  incapacitated for performance of gainful employment as the  natural  and
  proximate  result  of  an  accident  not  caused  by  willful negligence
  sustained in the performance of duties in active service while  actually
  a  member  of  the  retirement system shall be a pension of one-third of
  such member's final average salary.
    e. The board of trustees of the New York  city  employees'  retirement
  system  may, consistent with the provisions of this section, adopt rules
  and regulations establishing a  procedure  for  the  medical  review  of
  determinations  made  by  such  retirement  system  on  applications for
  disability retirement filed pursuant to this section. Any medical review
  procedure adopted pursuant to this subdivision  shall  be  substantially
  similar  to  the  medical review procedure provided in section 13-169 of
  the administrative code of the city of New York, and shall provide  that
  where  a  request  for medical review is filed on behalf of an applicant
  for disability retirement, such request for medical review shall be void
  and of no effect unless such applicant for disability retirement,  or  a
  person  acting  on  his  or her behalf in accordance with such rules and
  regulations, executes a waiver providing that he or she waives  any  and
  all  rights  which  he or she might otherwise have to seek or obtain any
  other disposition of such application for disability retirement by court
  or administrative proceedings or otherwise.
    f. If the retirement system determines that such member was physically
  or mentally incapacitated for performance of gainful employment  as  the
  natural  and  proximate  result  of  an  accident  not caused by his own
  willful negligence sustained in the performance of his duties in  active
  service while actually a member of the retirement system, and the member
  is  a  teacher  not within the coverage of section three of the workers'
  compensation law or an employee in group twenty of  subdivision  one  of
  such  section,  the  retirement allowance shall equal two-thirds of such
  member's final average salary.
    g. Any payments made  to  a  member  who  the  retirement  system  has
  determined  was  physically or mentally incapacitated for performance of
  gainful employment as the natural and proximate result  of  an  accident

  not caused by his own willful negligence sustained in the performance of
  his  duties  in active service while actually a member of the retirement
  system, and  who  is  not  eligible  to  receive  workers'  compensation
  benefits  by  operation  of  group twenty or group twenty-two of section
  three of the workers' compensation law, shall be deemed to be a  payment
  made in lieu of a workers' compensation benefit.
    h.  1.  (a)  Notwithstanding  any provisions of this chapter or of any
  general, special or local law, charter, administrative code or  rule  or
  regulation  to the contrary, if any condition or impairment of health is
  caused by a qualifying  World  Trade  Center  condition  as  defined  in
  section  two  of  this chapter, it shall be presumptive evidence that it
  was incurred in the performance and discharge of duty  and  the  natural
  and  proximate  result  of  an  accident not caused by such member's own
  willful negligence, unless the contrary be proved by competent evidence.
    (b) The head  of  each  retirement  system  is  hereby  authorized  to
  promulgate  rules  and  regulations  to implement the provisions of this
  paragraph.
    2. (a)(1) Notwithstanding the provisions of this  chapter  or  of  any
  general,  special  or local law, charter, administrative code or rule or
  regulation to the contrary, if a member who participated in World  Trade
  Center rescue, recovery or cleanup operations, as defined in section two
  of  this  chapter,  and subsequently retired on a service retirement, an
  ordinary disability retirement  or  a  performance  of  duty  disability
  retirement  or  a state police disability retirement pursuant to section
  three hundred  sixty-three-b  of  this  title  and  subsequent  to  such
  retirement  is determined by the head of the retirement system to have a
  qualifying World Trade Center condition, as defined in  section  two  of
  this  chapter,  upon  such  determination  by the head of the retirement
  system it shall be presumed that such disability  was  incurred  in  the
  performance and discharge of duty as the natural and proximate result of
  an accident not caused by such member's own willful negligence, and that
  the  member would have been physically or mentally incapacitated for the
  performance and discharge of duty of the position from which he  or  she
  retired  had the condition been known and fully developed at the time of
  the member's retirement, unless the  contrary  is  proven  by  competent
  evidence.
    (2)  Notwithstanding the provisions of this chapter or of any general,
  special or local law, charter, administrative code or rule or regulation
  to the contrary, if a member who  participated  in  World  Trade  Center
  rescue, recovery or cleanup operations for a minimum of forty hours, and
  subsequently  retired  on  a  service retirement, an ordinary disability
  retirement or a performance of duty disability retirement and subsequent
  to such retirement  incurred  a  disability  caused  by  any  qualifying
  condition  or  impairment  of  the  health which the applicable board of
  trustees  determines,  after  a  determination  of  disability  by   the
  applicable  medical  board,  to have been caused by such member's having
  participated  in  World  Trade  Center  rescue,  recovery   or   cleanup
  operations  for a minimum of forty hours, upon such determination by the
  applicable board of trustees, it shall be presumed that such  disability
  was incurred in the performance and discharge of duty as the natural and
  proximate  result of an accident not caused by such member's own willful
  negligence, and that the member would have been physically  or  mentally
  incapacitated  for the performance and discharge of duty of the position
  from which he or she retired had the  condition  been  known  and  fully
  developed at the time of the member's retirement, unless the contrary is
  proven by competent evidence.
    (3)  A member shall be eligible for the presumption provided for under
  this  paragraph  notwithstanding  the  fact  that  the  member  did  not

  participate in World Trade Center rescue, recovery or cleanup operations
  for a minimum of forty hours, provided that: (i) the member participated
  in the rescue, recovery, or cleanup operations at the World Trade Center
  site between September eleventh, two thousand one and September twelfth,
  two thousand one; (ii) the member sustained a documented physical injury
  at  the World Trade Center site between September eleventh, two thousand
  one and September  twelfth,  two  thousand  one  that  is  a  qualifying
  condition  or impairment of health resulting in disability to the member
  that prevented the member from continuing to participate in World  Trade
  Center  rescue,  recovery  or  cleanup operations for a minimum of forty
  hours; and (iii) the documented  physical  injury  that  resulted  in  a
  disability  to  the  member that prevented the member from continuing to
  participate in World Trade Center rescue, recovery or cleanup operations
  for a minimum of forty hours is the qualifying condition  or  impairment
  of  health  which  the  member  seeks to be eligible for the presumption
  provided for under this paragraph.
    (b) The reclassification provided for  in  subparagraph  (a)  of  this
  paragraph shall not be granted, unless:
    (i)  the  member files a written and sworn statement with the member's
  retirement system on a form provided by such system indicating the dates
  and locations of employment within four years  following  the  effective
  date of chapter one hundred four of the laws of two thousand five; and
    (ii)  the  member must have successfully passed a physical examination
  for entry into public service which failed to disclose evidence  of  the
  qualifying  condition  or impairment of health that formed the basis for
  the disability.
    (c)  The  head   of   the   retirement   system   shall   consider   a
  reclassification  of the member's retirement as an accidental disability
  retirement effective as of the date of such reclassification.
    (d) Such member's retirement option shall not be changed as  a  result
  of such reclassification.
    (e)  The  member's  former  employer  at  the  time  of  the  member's
  retirement shall have  an  opportunity  to  be  heard  on  the  member's
  application  for  reclassification  by the head of the retirement system
  according to procedures developed by the head of the retirement system.
    (f) The  head  of  the  retirement  system  is  hereby  authorized  to
  promulgate rules and regulations for their respective retirement systems
  to implement the provisions of this paragraph.
    i.  Notwithstanding  any  other  provision  of  this chapter or of any
  general, special or local law, charter, administrative code or  rule  or
  regulation  to  the contrary, if a retiree who: (1) has met the criteria
  of subdivision h of this section and retired on a service or  disability
  retirement,  or would have met the criteria if not already retired on an
  accidental disability; and (2)  has  not  been  retired  for  more  than
  twenty-five  years;  and  (3)  dies from a qualifying World Trade Center
  condition, as defined in section two of this chapter, as  determined  by
  the  applicable  head  of  the  retirement  system or applicable medical
  board, then unless the contrary be proven by  competent  evidence,  such
  retiree  shall  be deemed to have died as a natural and proximate result
  of an accident sustained in the performance of duty and not as a  result
  of  willful  negligence  on  his  or  her  part. Such retiree's eligible
  beneficiary, as set forth in section six hundred one  of  this  article,
  shall  be entitled to an accidental death benefit as provided by section
  six hundred  seven  of  this  article,  however,  for  the  purposes  of
  determining  the  salary base upon which the accidental death benefit is
  calculated, the retiree shall be deemed to have died on the date of  his
  or  her  retirement.  Upon the retiree's death, the eligible beneficiary
  shall make a written application to the head of  the  retirement  system

  within  the  time  for  filing  an  application  for an accidental death
  benefit as set forth in  section  six  hundred  seven  of  this  article
  requesting conversion of such retiree's service or disability retirement
  benefit  to an accidental death benefit. At the time of such conversion,
  the eligible beneficiary shall relinquish all rights to the  prospective
  benefits  payable  under  the  service or disability retirement benefit,
  including any post-retirement death benefits, since the retiree's death.
  If the eligible beneficiary is not the  only  beneficiary  receiving  or
  entitled to receive a benefit under the service or disability retirement
  benefit  (including,  but not limited to, post-retirement death benefits
  or benefits paid or payable pursuant to the retiree's option selection),
  the accidental death benefit payments to the eligible  beneficiary  will
  be reduced by any amounts paid or payable to any other beneficiary.
    j.  Notwithstanding  any  other  provision  of  this chapter or of any
  general, special or local law, charter, administrative code or  rule  or
  regulation to the contrary, if a member who: (1) has met the criteria of
  subdivision  h  of  this  section; and (2) dies in active service from a
  qualifying World Trade Center condition, as defined in  section  two  of
  this  chapter,  as  determined  by the applicable head of the retirement
  system or applicable medical board to have been caused by such  member's
  participation  in  the  World  Trade  Center rescue, recovery or cleanup
  operations, as defined in section two of this chapter, then  unless  the
  contrary be proven by competent evidence, such member shall be deemed to
  have  died as a natural and proximate result of an accident sustained in
  the performance of duty and not as a result of willful negligence on his
  or her part. Such member's eligible beneficiary, as set forth in section
  six hundred one of this article, shall  be  entitled  to  an  accidental
  death  benefit  provided he or she makes written application to the head
  of the retirement system within the time for filing an  application  for
  an accidental death benefit as set forth in section six hundred seven of
  this article.