NY Ret & SS L § 555 (2021)
2021 New York Laws RSS - Retirement and Social Security Article 14-B - Special Retirement Plans for Sheriffs, Undersheriffs and Deputy Sheriffs Engaged in Law Enforcement Activities 555 - Ordinary Disability Retirement.

§ 555. 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 or her 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.   An  application  for disability retirement shall not be disapproved on the basis of a deputy  sheriff  having  failed  to  engage  directly  in criminal law enforcement activities that aggregate fifty per centum of a deputy  sheriff's  service  during  a period preceding the filing of the application provided the  failure  to  do  so  was  the  result  of  the disability  alleged  in  the application and further provided the deputy sheriff  was  certified  as  so  engaged  in  criminal  law  enforcement activities  by  the  county  sheriff for the calendar year preceding the onset of the disability. 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 or she 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.   2.  If  the  member  has  not  attained age sixty when such retirement becomes effective, his or her retirement allowance shall consist of:  (a) An annuity which shall be the actuarial equivalent of his  or  her accumulated contributions at the time of his or her retirement, plus  (b)   A   pension   which   is   the   actuarial   equivalent  of  the reserve-for-increased-take-home-pay to which  he  or  she  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 or her final  average  salary multiplied  by  the  number of years of his or her total service credit, which formula shall be used only if the retirement allowance so computed exceeds  one-quarter  of  his  or  her  final  average  salary.  If  the retirement  allowance so computed shall amount to one-quarter or less of the member's final average salary, his or her pension shall be  computed upon  the basis of the total service which he or she would have rendered if he or she continued in service until he or she attained age sixty  so 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 or her final average salary multiplied by the number of years of his or her total service credit, which formula shall be used only if the retirement allowance so computed exceeds one-third of his or  her  final average salary. If the retirement allowance so computed shall amount to one-third or less of the member's final average salary, his or her pension shall be computed upon the basis of the total service  which he or she would have rendered if he or she continued in service until he or  she  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. 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 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  of  this section, is eligible for a service retirement benefit, then and  in  that  event,  he  or  she  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 deny the application for an accidental disability retirement allowance, he or she shall then determine the application for an ordinary disability retirement allowance. If  the  comptroller  shall grant the application for an accidental disability retirement allowance, the  application for an ordinary disability retirement allowance will be deemed to have been withdrawn.