2023 New York Laws › RSS - Retirement and Social Security › Article 14 - Coordinated-Escalator Retirement Plan › 507-A - Disability Retirement.

§  507-a.  Disability  retirement.  a.  Subject  to  the provisions of
subdivision e of this section, application for a  disability  retirement
allowance  for a member in the uniformed personnel in institutions under
the  jurisdiction  of  the  department  of  corrections  and   community
supervision  of  New  York  state as defined in subdivision i of section
eighty-nine of this chapter or for a member serving in institutions  who
is  also  in  a  title  defined  in such subdivision and who has made an
election pursuant to the provisions of article seventeen of this chapter
or the New York city department of correction 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 within three months from the last
date the member was being paid on the payroll or within twelve months of
the last date he was being paid on the payroll  provided  he  was  on  a
leave  of  absence  for  medical  reasons without pay during such twelve
month period provided the member was disabled  at  the  time  he  ceased
being paid.
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, 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 have
received 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, 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, 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.
e. Notwithstanding the preceding subdivisions of this section  to  the
contrary,  this  section  shall  not  apply to a member of the uniformed
force of the New York city department of correction who is  a  New  York
city uniformed correction/sanitation revised plan member.