2023 New York Laws › RSS - Retirement and Social Security › Article 8 - New York State and Local Police and Fire Retirement System › Title 8 - Death Benefits and Disability Retirement › 362 - Ordinary Disability Retirement.

§  362. 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 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.
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 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, unless
the  member  is  enrolled in a plan provided under section three hundred
seventy-a, three hundred seventy-one-a or three hundred seventy-five  of
this  article,  in  which  case  the  benefit shall be calculated in the
manner described in clause two of subparagraph (c) of paragraph  two  of
this subdivision.
2.  If  the  member  has  not  attained age sixty when such retirement
becomes effective, his retirement allowance shall consist of:
(a) An  annuity  which  shall  be  the  actuarial  equivalent  of  his
accumulated contributions at the time of his retirement, plus
(b)   A   pension   which   is   the   actuarial   equivalent  of  the
reserve-for-increased-take-home-pay to which he 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  final  average  salary
multiplied by the number of years of his  total  service  credit,  which
formula  shall  be  used  only  if  the retirement allowance so computed
exceeds one-quarter of his final average salary.
If the retirement allowance so computed shall amount to one-quarter or
less of the member's final average salary, his pension 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 so far 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  final  average salary multiplied by the number of
years of his total service credit, 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 pension
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 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.
In  the  case of persons who last became members on or after July first,
nineteen  hundred  seventy-three,  the provisions of this item (2) shall
apply only to those who file  an  application  for  ordinary  disability
retirement  with  the  comptroller prior to July first, nineteen hundred
seventy-four.
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 police and fire 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  hereof,  is  eligible for a service
retirement benefit, then and in that event, he 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 grant the application for an accidental disability
retirement  allowance  and  the  application  for an ordinary disability
retirement allowance, the  accidental  disability  retirement  allowance
shall become payable unless the applicant files a timely written request
with  the  comptroller  to  receive  the  ordinary disability retirement
allowance in lieu of the accidental disability retirement allowance,  in
which  case  the  ordinary  disability retirement allowance shall become
payable. To become effective, such written request must  be  filed  with
the  comptroller  within  thirty  days  following  notification that the
applications  for  ordinary   disability   retirement   and   accidental
disability retirement have both been granted.