NY Ret & SS L § 402 (2021)
2021 New York Laws RSS - Retirement and Social Security Article 8 - New York State and Local Police and Fire Retirement System Title 12 - Provisions Relating to Retired Members 402 - Recovery of Disability Beneficiaries.

§  402.  Recovery  of  disability beneficiaries. a. Once each year the   comptroller may, and, upon his application, shall require a retiree on a   disability allowance, under  the  minimum  age  or  period  for  service   retirement  elected  by  him,  to  undergo  a  medical examination. Such   examination shall be made at the place of residence of such beneficiary,   or at any other place mutually agreed upon by the comptroller  and  such   beneficiary.  In  the  event  that any such disability beneficiary shall   refuse to submit to a medical examination, the pension  portion  of  his   retirement              allowance,             including             the   pension-providing-for-increased-take-home-pay,  shall  be   discontinued   until his withdrawal of such refusal. If such refusal shall continue for   one year, all his rights in and to his pension shall be forfeited.b.            The           pension,           including           the   pension-providing-for-increased-take-home-pay,    of    a     disability   beneficiary  shall  be  reduced  in  the  event that any such disability   beneficiary is engaged in a gainful  occupation  paying  more  than  the   difference  between  his  retirement  allowance,  as it would be without   optional modification and if not reduced by the actuarial equivalent  of   any outstanding loan and if not increased by the actuarial equivalent of   any  additional  contributions,  and  his  final salary. Such reductions   shall be to a sum which, when added to an annuity, as so computed,  plus   the  amount  so  earnable  by  him, shall equal his final salary. If his   earning capacity thereafter changes, his pension may be further altered.   Any such altered pension shall not exceed:1.           The           pension,           including            the   pension-providing-for-increased-take-home-pay,   originally  granted  to   such beneficiary, nor2. An amount which, when added to an annuity, as so computed, plus the   sum earned by him or her, shall equal his or her final salary.In the  case  where  an  optional  benefit  has  been  selected,  such   reduction  shall  be  the  same as the reduction would have been without   optional modification. Where such reduction is greater than the pension,   including  the  pension-providing-for-increased-take-home-pay,   payable   under  the option selected, the excess may be paid by the pensioner into   the funds of the police and fire retirement system, in  which  case  the   benefit  due  under  the  option  shall  be  paid as if no reduction had   occurred. If such excess is not  paid  by  the  pensioner,  the  benefit   otherwise  due  under  the  option  shall  be  reduced  by the actuarial   equivalent of such excess. In no event shall the payment to the funds be   greater  than  the  difference  between  the  pension,   including   the   pension-providing-for-increased-take-home-pay,      without     optional   modification      and       the       pension,       including       the   pension-providing-for-increased-take-home-pay,    under    the    option   selected.          The          pension,          including          the   pension-providing-for-increased-take-home-pay of a disability pensioner,   shall  not  be  reduced  after  he  or  she  has  attained the mandatory   retirement age applicable to him or her or shall have attained  the  age   or  performed  the  period  of  service  specified by applicable law for   eligibility for a service retirement benefit.c. In the event that the comptroller shall determine that a disability   beneficiary is able to engage in a gainful occupation, he or she  shall,   if such beneficiary so requires, certify the name of such beneficiary to   the   state  civil  service  department  or  appropriate  civil  service   commission.  The  state  civil  service  department  or  such  municipal   commission  shall  place  the  name  of such beneficiary, as a preferred   eligible, on the appropriate eligible lists prepared by it for positions   for which such beneficiary is stated to be qualified in a  salary  grade   not  exceeding  that  from which he or she was last retired. If any such    beneficiary shall be offered a position as a result of  the  placing  of   his or her name on any such civil service list, the amount of his or her   disability              pension,              including              the   pension-providing-for-increased-take-home-pay,  shall  be  reduced. Such   reduction shall be to an amount which, when added to the  amount  earned   or  earnable by him or her in such position, shall not exceed his or her   final salary. A disability beneficiary restored to active service  shall   not  be  eligible to membership in the police and fire retirement system   so  long  as  he  or   she   receives   any   pension,   including   the   pension-providing-for-increased-take-home-pay.d.  In  the  event that a disability beneficiary is restored to active   service of an employer, at a salary equal to or in excess of his or  her   final  salary,  his or her retirement allowance shall cease. Such person   thereupon again shall become a member of the police and fire  retirement   system.  He  or  she  thereafter shall contribute to the police and fire   retirement system in the same manner as and at the same rate that he  or   she  paid  prior  to his or her disability retirement. The total service   credit, to which he or she was entitled at the time of such  retirement,   again  shall  be  credited  to  him  or  her. Upon his or her subsequent   retirement, he or she shall be credited, in addition,  with  all  member   service  earned  by him or her subsequent to his or her last restoration   to membership.e. In the event that  a  disability  retiree  is  restored  to  active   service  of  an  employer, at a salary less than his or her final salary   but equal to or in excess of the current minimum salary for the position   from which he or she was last retired for disability, such person, if he   or she so elects, shall again become a member of  the  police  and  fire   retirement system and his or her retirement allowance shall cease. He or   she thereafter shall contribute to the police and fire retirement system   in  the same manner as and at the same rate that he or she paid prior to   his or her disability retirement. The total service credit, to which  he   or  she  was  entitled  at  the  time of such retirement, again shall be   credited to him or her. Upon his subsequent retirement, he or she  shall   be  credited,  in addition, with all member service earned by him or her   subsequent to his or her last restoration to membership.f. In the case  of  members  who  have  changed  plans  prior  to  the   effective  date  of  this  subdivision,  the plan providing the earliest   minimum age or period of service shall be applied.f-1. Notwithstanding any other provision of this section or any  other   provision  of  law,  a  retiree  of  any  New  York state police or fire   retirement system on a  disability  allowance  who  returns  to  gainful   employment  as  an elected public official shall continue to receive the   full  amount  of  his  or  her  retirement  allowance,   including   the   pension-providing-for-increased-take-home-pay.g.  Notwithstanding  any  other  provision  of  this article, the term   "final salary", as used in this section, shall mean the  maximum  salary   or compensation which the retired member currently would be receiving in   the  position next higher from which he was last retired for disability,   if he had not been so retired, provided, however, that if  the  position   from  which  he was so retired has been abolished, the comptroller, upon   the basis of salary  or  compensation  currently  paid  by  the  retired   member's  last  employer  to persons in similar or comparable positions,   shall determine, for the purposes of this section, the maximum amount of   salary or compensation which such  retired  member  currently  would  be   receiving in such position.