NY Ret & SS L § 102 (2021)
2021 New York Laws RSS - Retirement and Social Security Article 2 - New York State Employees' Retirement System Title 11 - Provisions Relating to Retired Members 102 - Recovery of Disability Beneficiaries.

§  102.  Recovery  of  disability  beneficiaries.  a.  Once  each year   following the retirement of a member  on  a  disability  allowance,  the   comptroller  may, and, upon the beneficiary's application, shall require   such disability beneficiary  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  reduction  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, shall equal his 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 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 has attained the   mandatory retirement age applicable to him 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 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 was last retired. If any such  beneficiary  shall  be   offered  a  position  as a result of the placing of his name on any such   civil service list, the amount of his 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 in such position, shall not exceed his final salary.   A disability  beneficiary  restored  to  active  service  shall  not  be   eligible  to  membership in the retirement system so long as he 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  final   salary,  his  retirement  allowance  shall  cease. Such person thereupon   again shall become a member of  the  retirement  system.  He  thereafter   shall  contribute  to the retirement system in the same manner as and at   the same rate that he paid prior to his disability retirement. The total   service credit, to which he was entitled at the time of such retirement,   again shall be credited to him. Upon his subsequent retirement, he shall   be credited,  in  addition,  with  all  member  service  earned  by  him   subsequent to his 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 final salary but equal   to or in excess of the current minimum  salary  for  the  position  from   which  he was last retired for disability, such person, if he so elects,   shall again become a member of the retirement system and his  retirement   allowance  shall cease. He thereafter shall contribute to the retirement   system in the same manner as and at the same rate that he paid prior  to   his  disability  retirement.  The  total service credit, to which he was   entitled at the time of such retirement, again shall be credited to him.   Upon his subsequent retirement, he shall be credited, in addition,  with   all  member  service earned by him subsequent to his last restoration to   membership.e-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.f.  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.