NY Educ L § 511 (2021)
2021 New York Laws EDN - Education Title 1 - General Provisions Article 11 - State Teachers' Retirement System for Public School Teachers 511 - Disability Retirement.

§  511.  Disability retirement. 1. Retirement on account of disability shall be made under the following conditions: A member who has completed at least fifteen years of total state service  or  a  member  who  is  a present  teacher and who has completed twenty years of service, the last ten of which were state service, may be retired on account of disability either upon the application of his employer or upon his own  application or that of a person acting in his behalf, if the retirement board, after a  medical  examination  of  said  member  by  a physician or physicians designated by said board shall determine upon  the  basis  of  a  report submitted  by  said  physician  or  physicians  that  the said member is physically or mentally incapacitated for the performance of  duty,  that he was incapacitated at the time he ceased teaching and that said member ought to be retired.   2.   On   retirement   for   disability,  a  member  shall  receive  a superannuation retirement allowance if his state service is  twenty-five or  more  years and he has attained age sixty or if his total service is thirty-five or more years; otherwise,  he  shall  receive  a  disability retirement allowance which shall consist of:   a.  An  annuity  which  shall  be  the  actuarial  equivalent  of  his accumulated contributions at the time of his retirement; and   b. A pension of one-fifth (1/5) of his final average salary, with  the exception  that  in  no  case  shall  the  rate  of  such pension exceed four-fifths (4/5) of the rate of pension to which  he  might  have  been entitled  had  retirement  been  deferred  until  the  age of seventy as provided under paragraph b of subdivision one of  section  five  hundred ten; and   c.  If  he  be a present teacher, a further pension of one one-hundred fortieth (1/140) of his final average salary multiplied by the number of years of total service certified on his prior service certificate, and   d.  If  the  member  has  contributed  pursuant  to  paragraph  c   of subdivision three of section five hundred sixteen, a pension, in lieu of the  pension  provided  under  paragraph  b  of  subdivision two of this section, of nine-tenths (9/10) of one one-hundredth (1/100) of his final average salary multiplied by the number of years of total service not in excess of twenty-five years, but not less than twenty (20) per centum of his final average salary, plus nine-tenths  (9/10)  of  one  one-hundred twentieth  (1/120)  of his final average salary multiplied by the number of years of total service in excess of  twenty-five  years  but  not  in excess  of  thirty-five  years, nor in excess of the number of years for which credit is allowed  under  paragraph  d  of  subdivision  three  of section five hundred sixteen.   3. On and after July first, nineteen hundred seventy, a member who has credit  for ten years of full time state service, including at least two years of such service rendered subsequent to  June  thirtieth,  nineteen hundred sixty-seven and subsequent to the date upon which he last joined the  retirement  system  and  who is under age fifty-five, and otherwise meets the requirements of  subdivision  one  of  this  section,  may  be retired  on  account  of disability by the filing of an application with the retirement board as required by subdivision  one  of  this  section. Upon  such  retirement,  he  shall  receive,  in  lieu of the retirement allowance specified in subdivision two of this section and  the  pension for  increased-take-home-pay  otherwise  authorized  in  this article, a disability retirement pension consisting of:   a. a pension of one-sixtieth of his final average salary multiplied by the number of his years of credited state service  rendered  after  June thirtieth, nineteen hundred fifty-nine and    b.  a pension of one-seventieth of his final average salary multiplied by the number of his years of credited  state  service  rendered  before July first, nineteen hundred fifty-nine and   c.  a pension of one one-hundred twentieth of his final average salary multiplied by the number of his years of credited out-of-state service.   In no event shall the disability pension be less than one-sixtieth  of the  member's  final average salary multiplied by the number of years of total service, not to exceed twenty, which would have been  credited  to the  member  had  he  remained  in  service  until  age sixty; provided, however, that for members who are credited with service  prior  to  July first, nineteen hundred fifty-nine, the minimum pension as so determined shall  be reduced by one quarter of one per cent of final average salary multiplied by the number of his years of service prior  to  July  first, nineteen hundred fifty-nine.   On  retirement  for disability, in addition to the pension hereinabove provided, a member shall receive an annuity which shall be the actuarial equivalent  of  his  accumulated  contributions  at  the  time  of   his retirement.   On  and after July first, nineteen hundred seventy-seven, a member who is age fifty-five or over and who otherwise meets  the  requirements  of this  subdivision,  shall  receive  on  retirement  for  disability  the retirement allowance he would have received had he filed for  a  service retirement.   On  or  after  October  sixteenth,  nineteen  hundred  ninety-two, the disability pension shall in no event be less than:   a. in the case of a  member  under  age  sixty,  the  greater  of  (i) one-sixtieth  of  the  member's  final  average salary multiplied by the number of years of total service, which formula is to  be  used  if  the pension  so  computed  exceeds  one-third  of the member's final average salary, or (ii)  one-sixtieth  of  the  member's  final  average  salary multiplied  by  the  number  of  years  of  total service, not to exceed twenty, which would have been credited to the member had he remained  in service until age sixty; or   b.  in  the  case  of  a member age sixty or over, one-sixtieth of the member's final average salary multiplied by the number of years of total service.   Notwithstanding anything to the contrary in this article,  any  member who  shall  receive  a  disability retirement allowance pursuant to this subdivision shall be required once each year or at such  other  interval as  the  retirement board may determine to undergo a medical examination by a physician or physicians designated by the retirement board.  Should any  disability  beneficiary  refuse to submit to a medical examination, his retirement allowance shall be discontinued until his  withdrawal  of such refusal, and should refusal continue for one year all rights in and to his pension shall be forfeited.   In the case of persons who last became members on or after July first, nineteen hundred seventy-three, the provisions of this subdivision shall apply only until July first, nineteen hundred seventy-four.   4.  Once  each  year or at such other interval as the retirement board may determine, following the retirement of a teacher who joined the  New York  state  teachers retirement system on or after July first, nineteen hundred sixty-one, on a disability allowance, or once each  year  during the  first five years following the retirement of the teacher who joined the New York state teachers  retirement  system  prior  to  July  first, nineteen  hundred  sixty-one,  on  a disability allowance the retirement board may, and  upon  his  application  shall,  require  any  disability beneficiary  to undergo medical examination by a physician or physicians designated by the retirement board. Should  any  disability  beneficiary  refuse  to  submit  to  a  medical examination, his retirement allowance shall be discontinued until his withdrawal of such refusal,  and  should such refusal continue for one year, all his rights in and to his pension shall be forfeited.   5.  Should  the  physician  or physicians designated by the retirement board report and certify to the retirement board  that  such  disability beneficiary  is  engaged in or is able to engage in a gainful occupation paying more than the difference between his retirement allowance and his final average salary, and should the retirement  board  concur  in  such report,  then  the  amount  of his pension shall be reduced to an amount which, when added to the amount  earnable  by  him,  together  with  his annuity  shall  equal the amount of his final average salary. Should his earning capacity be later changed, then the amount of his pension may be further altered; provided, that the new pension  shall  not  exceed  the amount  of the pension originally granted nor an amount which when added to the amount earned by  the  beneficiary,  together  with  his  annuity equals the amount of his final average salary. A beneficiary restored to active  service  at  a salary less than the final average salary or upon the basis of which he was retired shall  not  become  a  member  of  the retirement system while receiving a reduced pension. Notwithstanding any other provision of this article, the term "final average salary" as used in  this  subdivision  four, shall mean either "final average salary" as defined by subdivision eleven  of  section  five  hundred  one,  or  the maximum  salary or compensation which the retired member currently would be receiving in  the  position  from  which  he  was  last  retired  for disability,  if  he  had  not  been  so  retired,  whichever is greater, provided, however, that if the position from which he was so retired has been abolished, the retirement  board,  upon  the  basis  of  salary  or compensation  currently  paid  by  the retired member's last employer to persons in similar or comparable  position,  shall  determine,  for  the purposes  of  this  subdivision  four,  the  maximum amount of salary or compensation which such retired member currently would be  receiving  in such position.   6.  Should a disability beneficiary be restored to active service at a salary as great as his final average salary,  his  retirement  allowance shall  cease,  and  he  shall  again  become  a member of the retirement system, and his annuity reserve shall be transferred  from  the  annuity reserve  fund to the annuity savings fund and credited to his individual account as a part of his accumulated contributions in the  latter  fund, and  he  shall contribute to the said fund thereafter in the same manner and at the same rate as he paid  prior  to  his  disability.  His  prior service  certificate  on  the basis of which his service was computed at the time of his retirement shall be renewed and shall again be  in  full force  and  effect,  and in addition, upon his subsequent retirement, he shall be credited with all his service as a  member  subsequent  to  the period covered by his prior service certificate.   7.  The retirement board shall adopt appropriate rules and regulations providing for the reimbursement of reasonable expenses actually incurred by a member in attending medical examinations by  physicians  designated by  the retirement board pursuant to this section. After determining the reasonableness thereof, the retirement board shall  approve  payment  of such expenses from the expense fund.   8.  a.  Notwithstanding  any other provision of law to the contrary, a member who has  applied  for  disability  retirement  pursuant  to  this section,  or,  in the case of a member subject to article fifteen of the retirement and social security law, pursuant to section six hundred five of such law and has validly elected the  applicable  optional  allowance specified  in  paragraph e of this subdivision and is otherwise eligible  to retire for disability pursuant to  the  provisions  of  this  section shall  be  entitled  to  the benefits of this subdivision in lieu of any pre-retirement death benefit which otherwise would  have  been  payable, but  for  the operation of this subdivision. Such member shall be deemed to have elected the benefits of this subdivision unless the member shall have indicated in a manner prescribed by the retirement board  that  the member does not wish to avail himself of such benefits.   b.  In the event such member dies, and such application for disability retirement has not become effective and has not been rejected, and it is determined by the retirement board, upon recommendation of  the  medical board,  that  the  physical  or  mental incapacitation specified in such application was directly related to the cause  of  the  member's  death, such  application  shall  be  deemed  approved  by the retirement board, effective one day prior to the date  of  the  member's  death.  In  such event,  the optional allowance elected by such member shall be effective and no pre-retirement death benefit shall be payable.   c. In the event no optional allowance specified in paragraph e of this subdivision was elected by the  member,  or  it  is  determined  by  the retirement  board,  upon  recommendation  of the medical board, that the physical or mental incapacitation specified in such application was  not directly  related  to  the cause of the member's death, this subdivision shall not apply and the applicable pre-retirement death benefit, if any, shall be payable.   d. If a member satisfying  the  provisions  of  paragraph  a  of  this subdivision  is,  at  the  time  the  member  files  an  application for disability  retirement,  eligible  to  retire  for  service  under  this article,  the  member  may  simultaneously apply for service retirement, provided the member indicates the application for disability  retirement is without prejudice to the member's application for service retirement. Upon  retirement  for  service,  the member's application for disability retirement shall be deemed cancelled.   e. An eligible optional allowance for the purposes of this subdivision shall only include Option one and Option four pursuant to  section  five hundred thirteen of this article in the case of a member who has applied for  disability retirement pursuant to this section, and the Alternative Option pursuant to subdivision a-one of section six hundred ten  of  the retirement  and  social  security  law  in  the case of a member who has applied for disability retirement pursuant to section six  hundred  five of  such  law,  provided  that  in  the  case  of  Option  four  and the Alternative Option, the optional allowance elected by  the  member  must provide  only  for the payment upon the member's death of a lump sum and such lump sum must be greater in amount than the  amount  of  the  death benefit,  if  any,  which  would have been paid but for the operation of this subdivision.   f. The  retirement  board  is  authorized  to  adopt  such  rules  and regulations  as  it  deems necessary to implement the provisions of this section.   9. a. Any law to the contrary notwithstanding, a member who  satisfies the  requirements  of  paragraph  b of this subdivision 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  five  hundred  twelve of this article or section four hundred forty-eight, five hundred eight or six hundred  six of the retirement and social security law, as applicable.    b.  To  be  eligible  for  the benefit provided in paragraph a of this subdivision, a member must have been determined by the  system  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.   c. The benefit provided in paragraph a of this subdivision 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 paragraph a of this subdivision 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.   d. Except as provided in this paragraph, a member electing the benefit provided in paragraph a of this subdivision 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 paragraph a of this subdivision thereafter be restored to active service and again become a member of the system,  (i) no death benefit shall be payable pursuant to section five hundred twelve of this article or 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 paragraph a  of  this  subdivision  (less  the  actuarial  value of any applicable post-retirement death benefit which would have been available,  but  for this paragraph).   e.  The  retirement  board  is  authorized  to  adopt  such  rules and regulations as it may deem necessary to implement the provisions of this subdivision.