NY Ret & SS L § 374 (2021)
2021 New York Laws RSS - Retirement and Social Security Article 8 - New York State and Local Police and Fire Retirement System Title 9 - General Provisions Relating to Retirement; Retirement Plans Applicable to Members Generally 374 - Procedure for Retirement.

§ 374. Procedure for retirement. a. Every application for a retirement   allowance  or  other  benefit provided by this article shall be executed   and filed with the comptroller. Each such application shall contain such   information as the comptroller shall deem necessary.b. The comptroller shall have exclusive  authority  to  determine  all   applications  for any form of retirement or benefit provided for in this   article. He shall examine into the facts of each such  application,  and   to that end, shall have full power and authority to:1. Employ experts and specialists, and2. Require the attendance of the applicant and other witnesses, and3.  Require  the  production of all books, papers, documents and other   records pertaining to such inquiry, and4. Administer oaths and take testimony.   The comptroller shall have the power to issue subpoenas, under his hand,   returnable anywhere in the state. Any such subpoena shall be  served  in   the  same manner and have the same force and effect as a subpoena issued   in an action pending in the supreme court.c. After making his determination on any application  the  comptroller   forthwith  shall  mail  a  written notice thereof to the applicant. Such   notice shall be mailed to the address given in such application.d. At any time within four months after the mailing  of  such  notice,   the  applicant  or  his  counsel  may  serve  a  written demand upon the   comptroller for a hearing and redetermination of such application. After   the service of such demand, the comptroller shall hold  a  hearing  upon   such  application  at which the applicant may be represented by counsel.   The comptroller shall have the same power upon such hearing as upon  the   original  application. After such hearing the comptroller shall make his   final determination. A copy thereof shall be mailed to the applicant and   his counsel, if any. Such final determination shall be subject to review   only as provided in article seventy-eight of the civil practice law  and   rules.e.  To  aid  him  in  passing  upon  applications  for retirement, the   comptroller shall use  the  medical  board  appointed  pursuant  to  the   provisions  of  section seventy-four of this chapter. Such medical board   shall:1. Arrange for and pass upon  all  medical  examinations  required  or   allowed under the provisions of this article, and2.  Have  full  power  and  authority  to  investigate  statements and   certificates submitted by or on behalf of a claimant in connection  with   any  application  for accidental death benefit, disability retirement or   restoration to service thereafter, and3. Have full power and authority to administer oaths and require sworn   statements and testimony with respect to matters under its jurisdiction.   The comptroller may designate  other  doctors  to  conduct  the  medical   examination  required  or  allowed  hereunder. The medical board, in any   case in which it shall deem it advisable, may require any such doctor to   conduct any such examination and  to  report  in  writing  his  findings   thereon to the medical board. The medical board shall thereupon consider   such  report.  Upon  completion  of its examination in investigation and   after the consideration of the report, if any, of any such other doctor,   the medical board shall submit  to  the  comptroller  a  report  of  its   findings and proceedings which shall include the report, if any, of such   other  doctor.  The  report  of the medical board shall be admissible in   evidence upon any hearing before the comptroller or in  connection  with   any  examination  or  investigation  conducted  by  him pursuant to this   article. f. The comptroller, in any particular case, may designate one  of  his   deputies  or  any other person to perform the duties imposed upon him by   this section.g.  In  connection with the proceedings authorized by this section the   comptroller shall not be bound by  common  law  or  statutory  rules  of   evidence, or by technical or formal rules of procedure.