NY Ret & SS L § 362 (2021)
2021 New York Laws RSS - Retirement and Social Security Article 8 - New York State and Local Police and Fire Retirement System Title 8 - Death Benefits and Disability Retirement 362 - 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 or her retirement allowance shall be equal to that  which he or she would receive in the case of superannuation retirement, unless the  member  is  enrolled in a plan provided under section three hundred seventy-a, three hundred seventy-one-a or three hundred seventy-five  of this  article,  in  which  case  the  benefit shall be calculated in the manner described in clause two of subparagraph (c) of paragraph  two  of this subdivision.   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 or her annuity contributions to the police and fire retirement system in order  to  apply  the  amount of such reduction in payment of his or her 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.