NY Ret & SS L § 507-A (2021)
2021 New York Laws RSS - Retirement and Social Security Article 14 - Coordinated-Escalator Retirement Plan 507-A - Disability Retirement.

§  507-a.  Disability  retirement.  a.  Subject  to  the provisions of subdivision e of this section, application for a  disability  retirement allowance  for a member in the uniformed personnel in institutions under the  jurisdiction  of  the  department  of  corrections  and   community supervision  of  New  York  state as defined in subdivision i of section eighty-nine of this chapter or for a member serving in institutions  who is  also  in  a  title  defined  in such subdivision and who has made an election pursuant to the provisions of article seventeen of this chapter or the New York city department of correction 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 within three months from the last date the member was being paid on the payroll or within twelve months of the last date he was being paid on the payroll  provided  he  was  on  a leave  of  absence  for  medical  reasons without pay during such twelve month period provided the member was disabled  at  the  time  he  ceased being paid.   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, 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 have received 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, 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, 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.   e. Notwithstanding the preceding subdivisions of this section  to  the contrary,  this  section  shall  not  apply to a member of the uniformed force of the New York city department of correction who is  a  New  York city uniformed correction/sanitation revised plan member.