New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter VI - New York State and Local Employees' Retirement System and New York State and Local Police and Fire Retirement System › Part 364 - Job Duties To Be Considered In Processing Disability Retirement Applications › Section 364.1 - Background

Current through Register Vol. 46, No. 28, July 10, 2024
The sections of the Retirement and Social Security which
				  provide the eligibility requirements for disability retirement benefits require
				  applicants to be permanently incapacitated for the performance of duty. It is
				  clear under the pertinent statutory provisions and case law that the issue of
				  permanent incapacity must be determined on the basis of the individual's own
				  actual duties.
In 1994, the Comptroller commissioned Buck Consultants, Inc.
				  ("Buck"), to study and make recommendations with respect to the Retirement
				  Systems' disability retirement programs. This study involved analyses of the
				  programs of many other public systems, and also involved analysis of testimony
				  taken at public meetings conducted by Buck throughout the State. A report of
				  the study's findings and recommendations was issued by Buck on February 1,
				  1995. This report found that one of the most significant issues which emerged
				  during the course of the public meetings is how the Retirement System should
				  determine the issue of permanent incapacity with respect to disability
				  retirement applicants (especially police officers and firefighters) who,
				  although permanently disabled from their former full duties are, in fact,
				  performing light duty, limited duty or restricted duty assignments as the case
				  may be ("light duty cases"). Buck further found that some misunderstanding
				  exists, among both participating employers and employees, regarding the
				  System's policy for determining the permanent incapacity issue in cases where
				  the individual had been assigned to light, limited or restricted duties at the
				  time of or prior to the filing of the disability retirement application.
The Buck report included a recommendation that the System
				  promulgate a regulation which would set forth its policy for determining the
				  permanent incapacity issue in light duty cases and clarify the significance of
				  an applicant having performed overtime work in the months and years immediately
				  preceding the filing of the disability retirement application. This part sets
				  forth the rules and standards to be applied by the Retirement System with
				  respect to determining the issue of permanent incapacity in such cases. This
				  part also guides the employer with respect to providing the pertinent
				  information regarding job requirements, in order to facilitate the Retirement
				  System's attempts to apply such rules and standards.
For the purposes of this part, the term applicant shall mean
				  a member of the New York State and Local Employees' Retirement System or the
				  New York State and Local Police and Fire Retirement System who is the subject
				  of an application for disability retirement filed with the Retirement System
				  either by such member, the member's employer or an individual legally
				  authorized to file such application on behalf of the member.