2023 New York Laws › RSS - Retirement and Social Security › Article 15 - Coordinated Retirement Plan › 605 - Disability Retirement.

§   605.  Disability  retirement.  a.  Application  for  a  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.
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  either  (a)  by a vested member
incapacitated as the result of a qualifying World Trade Center condition
as defined in section two of this chapter, at any time,  or  (b)  within
three months from the last date the member was being paid on the payroll
or, (c) in the case of a member who was placed on a leave of absence for
medical reasons without pay, either voluntarily or involuntarily, at the
time he ceased being paid, application may be made not later than twelve
months  after  the date the employee receives notice that his employment
status has been terminated. In the case of a  member  of  the  New  York
state  teachers'  retirement  system,  the application must be filed not
later than twelve months after the last date the member was  being  paid
on  the  payroll or, where the member was placed on leave of absence for
medical reasons without pay, either voluntarily or involuntarily at  the
time  the  member  ceased being paid, not later than twelve months after
the date the member receives notice that the member's employment  status
has been terminated.
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,  the  New  York  city  board  of
education  retirement  system  or the New York city teachers' 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 receive 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,  the  New York city board of
education retirement system or the New York  city  teachers'  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,  the  New  York city board of education retirement system or the
New York city teachers'  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.
4.  Notwithstanding any other law, rule or regulation to the contrary,
any member who had an active membership in the New York state and  local
employees'  retirement system or the New York state teachers' retirement
system, when such member participated  in  World  Trade  Center  rescue,
recovery,  or  cleanup  operations,  as such participation is defined in
section two of this chapter,  who  incurred  a  qualifying  World  Trade
Center  condition,  as  defined  in section two of this chapter, that is
determined to have been incurred in the  performance  and  discharge  of
duty  and  is the natural and proximate result of an accident not caused
by such member's own willful negligence, shall be paid a performance  of
duty  disability  retirement  allowance equal to three-quarters of final
average salary. The payment of such pension  shall  be  subject  to  the
provisions of section sixty-four of this chapter.
5.  Notwithstanding  the  provisions  of this subdivision, the minimum
benefit payable to a member of the New York state and  local  employees'
retirement  system  who has been determined to be physically or mentally
incapacitated for performance of gainful employment as the  natural  and
proximate  result  of  an  accident  not  caused  by  willful negligence
sustained in the performance of duties in active service while  actually
a  member  of  the  retirement system shall be a pension of one-third of
such member's final average salary.
e. The board of trustees of the New York  city  employees'  retirement
system  may, consistent with the provisions of this section, adopt rules
and regulations establishing a  procedure  for  the  medical  review  of
determinations  made  by  such  retirement  system  on  applications for
disability retirement filed pursuant to this section. Any medical review
procedure adopted pursuant to this subdivision  shall  be  substantially
similar  to  the  medical review procedure provided in section 13-169 of
the administrative code of the city of New York, and shall provide  that
where  a  request  for medical review is filed on behalf of an applicant
for disability retirement, such request for medical review shall be void
and of no effect unless such applicant for disability retirement,  or  a
person  acting  on  his  or her behalf in accordance with such rules and
regulations, executes a waiver providing that he or she waives  any  and
all  rights  which  he or she might otherwise have to seek or obtain any

other disposition of such application for disability retirement by court
or administrative proceedings or otherwise.
f. 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, and the member
is a teacher not within the coverage of section three  of  the  workers'
compensation  law  or  an employee in group twenty of subdivision one of
such section, the retirement allowance shall equal  two-thirds  of  such
member's final average salary.
g.  Any  payments  made  to  a  member  who  the retirement system has
determined 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,  and  who  is  not  eligible  to  receive  workers' compensation
benefits by operation of group twenty or  group  twenty-two  of  section
three  of the workers' compensation law, shall be deemed to be a payment
made in lieu of a workers' compensation benefit.
h. 1. (a) Notwithstanding any provisions of this  chapter  or  of  any
general,  special  or local law, charter, administrative code or rule or
regulation to the contrary, if any condition or impairment of health  is
caused  by  a  qualifying  World  Trade  Center  condition as defined in
section two of this chapter, it shall be presumptive  evidence  that  it
was  incurred  in  the performance and discharge of duty and the natural
and proximate result of an accident not  caused  by  such  member's  own
willful negligence, unless the contrary be proved by competent evidence.
(b)  The  head  of  each  retirement  system  is  hereby authorized to
promulgate rules and regulations to implement  the  provisions  of  this
paragraph.
2.  (a)(1)  Notwithstanding  the  provisions of this chapter or of any
general, special or local law, charter, administrative code or  rule  or
regulation  to the contrary, if a member who participated in World Trade
Center rescue, recovery or cleanup operations, as defined in section two
of this chapter, and subsequently retired on a  service  retirement,  an
ordinary  disability  retirement  or  a  performance  of duty disability
retirement or a state police disability retirement pursuant  to  section
three  hundred  sixty-three-b  of  this  title  and  subsequent  to such
retirement is determined by the head of the retirement system to have  a
qualifying  World  Trade  Center condition, as defined in section two of
this chapter, upon such determination by  the  head  of  the  retirement
system  it  shall  be  presumed that such disability was incurred in the
performance and discharge of duty as the natural and proximate result of
an accident not caused by such member's own willful negligence, and that
the member would have been physically or mentally incapacitated for  the
performance  and  discharge of duty of the position from which he or she
retired had the condition been known and fully developed at the time  of
the  member's  retirement,  unless  the  contrary is proven by competent
evidence.
(2) Notwithstanding the provisions of this chapter or of any  general,
special or local law, charter, administrative code or rule or regulation
to  the  contrary,  if  a  member who participated in World Trade Center
rescue, recovery or cleanup operations for a minimum of forty hours, and
subsequently retired on a service  retirement,  an  ordinary  disability
retirement or a performance of duty disability retirement and subsequent
to  such  retirement  incurred  a  disability  caused  by any qualifying
condition or impairment of the health  which  the  applicable  board  of

trustees   determines,  after  a  determination  of  disability  by  the
applicable medical board, to have been caused by  such  member's  having
participated   in   World  Trade  Center  rescue,  recovery  or  cleanup
operations  for a minimum of forty hours, upon such determination by the
applicable board of trustees, it shall be presumed that such  disability
was incurred in the performance and discharge of duty as the natural and
proximate  result of an accident not caused by such member's own willful
negligence, and that the member would have been physically  or  mentally
incapacitated  for the performance and discharge of duty of the position
from which he or she retired had the  condition  been  known  and  fully
developed at the time of the member's retirement, unless the contrary is
proven by competent evidence.
(3)  A member shall be eligible for the presumption provided for under
this  paragraph  notwithstanding  the  fact  that  the  member  did  not
participate in World Trade Center rescue, recovery or cleanup operations
for a minimum of forty hours, provided that: (i) the member participated
in the rescue, recovery, or cleanup operations at the World Trade Center
site between September eleventh, two thousand one and September twelfth,
two thousand one; (ii) the member sustained a documented physical injury
at  the World Trade Center site between September eleventh, two thousand
one and September  twelfth,  two  thousand  one  that  is  a  qualifying
condition  or impairment of health resulting in disability to the member
that prevented the member from continuing to participate in World  Trade
Center  rescue,  recovery  or  cleanup operations for a minimum of forty
hours; and (iii) the documented  physical  injury  that  resulted  in  a
disability  to  the  member that prevented the member from continuing to
participate in World Trade Center rescue, recovery or cleanup operations
for a minimum of forty hours is the qualifying condition  or  impairment
of  health  which  the  member  seeks to be eligible for the presumption
provided for under this paragraph.
(b) The reclassification provided for  in  subparagraph  (a)  of  this
paragraph shall not be granted, unless:
(i)  the  member  files  either a written and sworn statement with the
member's retirement system on a form provided  by  such  system,  or  as
allowed  by  the  member's  retirement  system, electronically submits a
statement on a form provided by such  system  through  a  secure  online
portal  maintained  by  the  member's  retirement  system  that has duly
validated the member's identity, indicating the dates and  locations  of
employment within four years following the effective date of chapter one
hundred four of the laws of two thousand five; and
(ii)  the  member must have successfully passed a physical examination
for entry into public service which failed to disclose evidence  of  the
qualifying  condition  or impairment of health that formed the basis for
the disability.
(c)  The  head   of   the   retirement   system   shall   consider   a
reclassification  of the member's retirement as an accidental disability
retirement effective as of the date of such reclassification.
(d) Such member's retirement option shall not be changed as  a  result
of such reclassification.
(e)  The  member's  former  employer  at  the  time  of  the  member's
retirement shall have  an  opportunity  to  be  heard  on  the  member's
application  for  reclassification  by the head of the retirement system
according to procedures developed by the head of the retirement system.
(f) The  head  of  the  retirement  system  is  hereby  authorized  to
promulgate rules and regulations for their respective retirement systems
to implement the provisions of this paragraph.
i.  Notwithstanding  any  other  provision  of  this chapter or of any
general, special or local law, charter, administrative code or  rule  or

regulation  to  the contrary, if a retiree who: (1) has met the criteria
of subdivision h of this section and retired on a service or  disability
retirement,  or would have met the criteria if not already retired on an
accidental  disability;  and  (2)  has  not  been  retired for more than
twenty-five years; and (3) dies from a  qualifying  World  Trade  Center
condition,  as  defined in section two of this chapter, as determined by
the applicable head of  the  retirement  system  or  applicable  medical
board,  then  unless  the contrary be proven by competent evidence, such
retiree shall be deemed to have died as a natural and  proximate  result
of  an accident sustained in the performance of duty and not as a result
of willful negligence on  his  or  her  part.  Such  retiree's  eligible
beneficiary,  as  set  forth in section six hundred one of this article,
shall be entitled to an accidental death benefit as provided by  section
six  hundred  seven  of  this  article,  however,  for  the  purposes of
determining the salary base upon which the accidental death  benefit  is
calculated,  the retiree shall be deemed to have died on the date of his
or her retirement. Upon the retiree's death,  the  eligible  beneficiary
shall  make  a  written application to the head of the retirement system
within the time for  filing  an  application  for  an  accidental  death
benefit  as  set  forth  in  section  six  hundred seven of this article
requesting conversion of such retiree's service or disability retirement
benefit to an accidental death benefit. At the time of such  conversion,
the  eligible beneficiary shall relinquish all rights to the prospective
benefits payable under the service  or  disability  retirement  benefit,
including any post-retirement death benefits, since the retiree's death.
If  the  eligible  beneficiary  is not the only beneficiary receiving or
entitled to receive a benefit under the service or disability retirement
benefit (including, but not limited to, post-retirement  death  benefits
or benefits paid or payable pursuant to the retiree's option selection),
the  accidental  death benefit payments to the eligible beneficiary will
be reduced by any amounts paid or payable to any other beneficiary.
j. Notwithstanding any other provision  of  this  chapter  or  of  any
general,  special  or local law, charter, administrative code or rule or
regulation to the contrary, if a member who: (1) has met the criteria of
subdivision h of this section; and (2) dies in  active  service  from  a
qualifying  World  Trade  Center condition, as defined in section two of
this chapter, as determined by the applicable  head  of  the  retirement
system  or applicable medical board to have been caused by such member's
participation in the World Trade  Center  rescue,  recovery  or  cleanup
operations,  as  defined in section two of this chapter, then unless the
contrary be proven by competent evidence, such member shall be deemed to
have died as a natural and proximate result of an accident sustained  in
the performance of duty and not as a result of willful negligence on his
or her part. Such member's eligible beneficiary, as set forth in section
six  hundred  one  of  this  article, shall be entitled to an accidental
death benefit provided he or she makes written application to  the  head
of  the  retirement system within the time for filing an application for
an accidental death benefit as set forth in section six hundred seven of
this article.