N.Y. RSS Law § 605 — New York Code / Act RSS / Article 15 / Section 605
Disability retirement
Status: in_force

§ 605. Disability retirement. a. Application for a disability\nretirement allowance for a member may be made by:\n  1. Such member, or\n  2. The head of the department in which such member is employed.\n  b. At the time of the filing of an application pursuant to this\nsection, the member must:\n  1. Have at least ten years of total service credit, and\n  2. The application must be filed either (a) by a vested member\nincapacitated as the result of a qualifying World Trade Center condition\nas defined in section two of this chapter, at any time, or (b) within\nthree months from the last date the member was being paid on the payroll\nor, (c) in the case of a member who was placed on a leave of absence for\nmedical reasons without pay, either voluntarily or involuntarily, at the\ntime he ceased being paid, application may be made not later than twelve\nmonths after the date the employee receives notice that his employment\nstatus has been terminated. In the case of a member of the New York\nstate teachers' retirement system, the application must be filed not\nlater than twelve months after the last date the member was being paid\non the payroll or, where the member was placed on leave of absence for\nmedical reasons without pay, either voluntarily or involuntarily at the\ntime the member ceased being paid, not later than twelve months after\nthe date the member receives notice that the member's employment status\nhas been terminated.\n  3. Provided, however, if the retirement system determines that such\nmember was physically or mentally incapacitated for performance of\ngainful employment as the natural and proximate result of an accident\nnot caused by his own willful negligence sustained in the performance of\nhis duties in active service while actually a member of the retirement\nsystem the requirement that the member should have ten years of credited\nservice shall be inapplicable.\n  c. If the retirement system determines that the member is physically\nor mentally incapacitated for the performance of gainful employment, and\nthat he was so incapacitated at the time he ceased his performance of\nduties and ought to be retired for disability, he shall be so retired.\nEach retirement system shall be entitled to adopt appropriate procedures\nfor making the foregoing determination, including but not limited to the\nconducting of medical examinations, if any, for the purpose of\ndetermining initial entitlement of an applicant for disability\nretirement or to continued entitlement to a disability retirement\nallowance. Such retirement shall be effective as of a date approved by\nthe head of the retirement system.\n  d. Upon retirement for disability one of the following retirement\nallowances shall be payable:\n  1. In the case of a member of a retirement system other than the New\nYork city employees' retirement system, the New York city board of\neducation retirement system or the New York city teachers' retirement\nsystem, if the member has attained age sixty when such retirement\nbecomes effective, his retirement allowance shall be equal to that which\nhe would receive in the case of service retirement at normal retirement\nage based on his credited service but in no event shall such retirement\nallowance exceed the amount he would receive pursuant to paragraph two\nof this subdivision.\n  2. In the case of a member of a retirement system other than the New\nYork city employees' retirement system, the New York city board of\neducation retirement system or the New York city teachers' retirement\nsystem, if the member has not attained age sixty when such retirement\nbecomes effective, his retirement allowance shall consist of a\nretirement allowance which shall equal one-sixtieth of his final average\nsalary multiplied by the number of years of his credited service, which\nformula shall be used only if the retirement allowance so computed\nexceeds one-third of his final average salary. If the retirement\nallowance so computed shall amount to one-third or less of the member's\nfinal average salary, his retirement allowance shall be computed upon\nthe basis of the total service which he would have rendered if he\ncontinued in service until he attained age sixty provided that the\nresulting retirement allowance computed by resort to this formula shall\nnot exceed one-third of the member's final average salary.\n  3. In the case of a member of the New York city employees' retirement\nsystem, the New York city board of education retirement system or the\nNew York city teachers' retirement system, his retirement allowance\nshall be equal to the greater of:\n  (i) one-third of his final average salary; or\n  (ii) one-sixtieth of his final average salary multiplied by the number\nof years of his credited service; provided, however, that where such\nmember is otherwise eligible to retire for service, and the retirement\nallowance which he would receive in the case of service retirement is\nlarger than the retirement allowance he would otherwise receive under\nthis subparagraph or subparagraph (i) of this paragraph, his disability\nretirement allowance pursuant to this paragraph shall be equal to the\nretirement allowance he would receive if he had retired for service.\n  4. Notwithstanding any other law, rule or regulation to the contrary,\nany member who had an active membership in the New York state and local\nemployees' retirement system or the New York state teachers' retirement\nsystem, when such member participated in World Trade Center rescue,\nrecovery, or cleanup operations, as such participation is defined in\nsection two of this chapter, who incurred a qualifying World Trade\nCenter condition, as defined in section two of this chapter, that is\ndetermined to have been incurred in the performance and discharge of\nduty and is the natural and proximate result of an accident not caused\nby such member's own willful negligence, shall be paid a performance of\nduty disability retirement allowance equal to three-quarters of final\naverage salary. The payment of such pension shall be subject to the\nprovisions of section sixty-four of this chapter.\n  5. Notwithstanding the provisions of this subdivision, the minimum\nbenefit payable to a member of the New York state and local employees'\nretirement system who has been determined to be physically or mentally\nincapacitated for performance of gainful employment as the natural and\nproximate result of an accident not caused by willful negligence\nsustained in the performance of duties in active service while actually\na member of the retirement system shall be a pension of one-third of\nsuch member's final average salary.\n  e. The board of trustees of the New York city employees' retirement\nsystem may, consistent with the provisions of this section, adopt rules\nand regulations establishing a procedure for the medical review of\ndeterminations made by such retirement system on applications for\ndisability retirement filed pursuant to this section. Any medical review\nprocedure adopted pursuant to this subdivision shall be substantially\nsimilar to the medical review procedure provided in section 13-169 of\nthe administrative code of the city of New York, and shall provide that\nwhere a request for medical review is filed on behalf of an applicant\nfor disability retirement, such request for medical review shall be void\nand of no effect unless such applicant for disability retirement, or a\nperson acting on his or her behalf in accordance with such rules and\nregulations, executes a waiver providing that he or she waives any and\nall rights which he or she might otherwise have to seek or obtain any\nother disposition of such application for disability retirement by court\nor administrative proceedings or otherwise.\n  f. If the retirement system determines that such member was physically\nor mentally incapacitated for performance of gainful employment as the\nnatural and proximate result of an accident not caused by his own\nwillful negligence sustained in the performance of his duties in active\nservice while actually a member of the retirement system, and the member\nis a teacher not within the coverage of section three of the workers'\ncompensation law or an employee in group twenty of subdivision one of\nsuch section, the retirement allowance shall equal two-thirds of such\nmember's final average salary.\n  g. Any payments made to a member who the retirement system has\ndetermined was physically or mentally incapacitated for performance of\ngainful employment as the natural and proximate result of an accident\nnot caused by his own willful negligence sustained in the performance of\nhis duties in active service while actually a member of the retirement\nsystem, and who is not eligible to receive workers' compensation\nbenefits by operation of group twenty or group twenty-two of section\nthree of the workers' compensation law, shall be deemed to be a payment\nmade in lieu of a workers' compensation benefit.\n  h. 1. (a) Notwithstanding any provisions of this chapter or of any\ngeneral, special or local law, charter, administrative code or rule or\nregulation to the contrary, if any condition or impairment of health is\ncaused by a qualifying World Trade Center condition as defined in\nsection two of this chapter, it shall be presumptive evidence that it\nwas incurred in the performance and discharge of duty and the natural\nand proximate result of an accident not caused by such member's own\nwillful negligence, unless the contrary be proved by competent evidence.\n  (b) The head of each retirement system is hereby authorized to\npromulgate rules and regulations to implement the provisions of this\nparagraph.\n  2. (a)(1) Notwithstanding the provisions of this chapter or of any\ngeneral, special or local law, charter, administrative code or rule or\nregulation to the contrary, if a member who participated in World Trade\nCenter rescue, recovery or cleanup operations, as defined in section two\nof this chapter, and subsequently retired on a service retirement, an\nordinary disability retirement or a performance of duty disability\nretirement or a state police disability retirement pursuant to section\nthree hundred sixty-three-b of this title and subsequent to such\nretirement is determined by the head of the retirement system to have a\nqualifying World Trade Center condition, as defined in section two of\nthis chapter, upon such determination by the head of the retirement\nsystem it shall be presumed that such disability was incurred in the\nperformance and discharge of duty as the natural and proximate result of\nan accident not caused by such member's own willful negligence, and that\nthe member would have been physically or mentally incapacitated for the\nperformance and discharge of duty of the position from which he or she\nretired had the condition been known and fully developed at the time of\nthe member's retirement, unless the contrary is proven by competent\nevidence.\n  (2) Notwithstanding the provisions of this chapter or of any general,\nspecial or local law, charter, administrative code or rule or regulation\nto the contrary, if a member who participated in World Trade Center\nrescue, recovery or cleanup operations for a minimum of forty hours, and\nsubsequently retired on a service retirement, an ordinary disability\nretirement or a performance of duty disability retirement and subsequent\nto such retirement incurred a disability caused by any qualifying\ncondition or impairment of the health which the applicable board of\ntrustees determines, after a determination of disability by the\napplicable medical board, to have been caused by such member's having\nparticipated in World Trade Center rescue, recovery or cleanup\noperations for a minimum of forty hours, upon such determination by the\napplicable board of trustees, it shall be presumed that such disability\nwas incurred in the performance and discharge of duty as the natural and\nproximate result of an accident not caused by such member's own willful\nnegligence, and that the member would have been physically or mentally\nincapacitated for the performance and discharge of duty of the position\nfrom which he or she retired had the condition been known and fully\ndeveloped at the time of the member's retirement, unless the contrary is\nproven by competent evidence.\n  (3) A member shall be eligible for the presumption provided for under\nthis paragraph notwithstanding the fact that the member did not\nparticipate in World Trade Center rescue, recovery or cleanup operations\nfor a minimum of forty hours, provided that: (i) the member participated\nin the rescue, recovery, or cleanup operations at the World Trade Center\nsite between September eleventh, two thousand one and September twelfth,\ntwo thousand one; (ii) the member sustained a documented physical injury\nat the World Trade Center site between September eleventh, two thousand\none and September twelfth, two thousand one that is a qualifying\ncondition or impairment of health resulting in disability to the member\nthat prevented the member from continuing to participate in World Trade\nCenter rescue, recovery or cleanup operations for a minimum of forty\nhours; and (iii) the documented physical injury that resulted in a\ndisability to the member that prevented the member from continuing to\nparticipate in World Trade Center rescue, recovery or cleanup operations\nfor a minimum of forty hours is the qualifying condition or impairment\nof health which the member seeks to be eligible for the presumption\nprovided for under this paragraph.\n  (b) The reclassification provided for in subparagraph (a) of this\nparagraph shall not be granted, unless:\n  (i) the member files either a written and sworn statement with the\nmember's retirement system on a form provided by such system, or as\nallowed by the member's retirement system, electronically submits a\nstatement on a form provided by such system through a secure online\nportal maintained by the member's retirement system that has duly\nvalidated the member's identity, indicating the dates and locations of\nemployment within four years following the effective date of chapter one\nhundred four of the laws of two thousand five; and\n  (ii) the member must have successfully passed a physical examination\nfor entry into public service which failed to disclose evidence of the\nqualifying condition or impairment of health that formed the basis for\nthe disability.\n  (c) The head of the retirement system shall consider a\nreclassification of the member's retirement as an accidental disability\nretirement effective as of the date of such reclassification.\n  (d) Such member's retirement option shall not be changed as a result\nof such reclassification.\n  (e) The member's former employer at the time of the member's\nretirement shall have an opportunity to be heard on the member's\napplication for reclassification by the head of the retirement system\naccording to procedures developed by the head of the retirement system.\n  (f) The head of the retirement system is hereby authorized to\npromulgate rules and regulations for their respective retirement systems\nto implement the provisions of this paragraph.\n  i. Notwithstanding any other provision of this chapter or of any\ngeneral, special or local law, charter, administrative code or rule or\nregulation to the contrary, if a retiree who: (1) has met the criteria\nof subdivision h of this section and retired on a service or disability\nretirement, or would have met the criteria if not already retired on an\naccidental disability; and (2) has not been retired for more than\ntwenty-five years; and (3) dies from a qualifying World Trade Center\ncondition, as defined in section two of this chapter, as determined by\nthe applicable head of the retirement system or applicable medical\nboard, then unless the contrary be proven by competent evidence, such\nretiree shall be deemed to have died as a natural and proximate result\nof an accident sustained in the performance of duty and not as a result\nof willful negligence on his or her part. Such retiree's eligible\nbeneficiary, as set forth in section six hundred one of this article,\nshall be entitled to an accidental death benefit as provided by section\nsix hundred seven of this article, however, for the purposes of\ndetermining the salary base upon which the accidental death benefit is\ncalculated, the retiree shall be deemed to have died on the date of his\nor her retirement. Upon the retiree's death, the eligible beneficiary\nshall make a written application to the head of the retirement system\nwithin the time for filing an application for an accidental death\nbenefit as set forth in section six hundred seven of this article\nrequesting conversion of such retiree's service or disability retirement\nbenefit to an accidental death benefit. At the time of such conversion,\nthe eligible beneficiary shall relinquish all rights to the prospective\nbenefits payable under the service or disability retirement benefit,\nincluding any post-retirement death benefits, since the retiree's death.\nIf the eligible beneficiary is not the only beneficiary receiving or\nentitled to receive a benefit under the service or disability retirement\nbenefit (including, but not limited to, post-retirement death benefits\nor benefits paid or payable pursuant to the retiree's option selection),\nthe accidental death benefit payments to the eligible beneficiary will\nbe reduced by any amounts paid or payable to any other beneficiary.\n  j. Notwithstanding any other provision of this chapter or of any\ngeneral, special or local law, charter, administrative code or rule or\nregulation to the contrary, if a member who: (1) has met the criteria of\nsubdivision h of this section; and (2) dies in active service from a\nqualifying World Trade Center condition, as defined in section two of\nthis chapter, as determined by the applicable head of the retirement\nsystem or applicable medical board to have been caused by such member's\nparticipation in the World Trade Center rescue, recovery or cleanup\noperations, as defined in section two of this chapter, then unless the\ncontrary be proven by competent evidence, such member shall be deemed to\nhave died as a natural and proximate result of an accident sustained in\nthe performance of duty and not as a result of willful negligence on his\nor her part. Such member's eligible beneficiary, as set forth in section\nsix hundred one of this article, shall be entitled to an accidental\ndeath benefit provided he or she makes written application to the head\nof the retirement system within the time for filing an application for\nan accidental death benefit as set forth in section six hundred seven of\nthis article.\n