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 364.3 - Job descriptions for individuals assigned to light, limited or restricted duty

Current through Register Vol. 46, No. 28, July 10, 2024
(a) In the case of
				a member who has been assigned to light, limited or restricted duties for less
				than two years prior to the date application for disability retirement benefits
				was filed with the Comptroller (and who has not performed at least 100 hours of
				paid overtime in any 12-month period within such two-year period), the employer
				shall provide a written description of the duties and/or physical or
				psychological job requirements of the full duty assignment that were applicable
				to the applicant immediately prior to such reassignment to light, limited or
				restricted duties. With respect to such applicants, the Retirement System shall
				render its determination on the issue of permanent incapacity on the basis of
				the duties and job requirements of such previous full duty
				assignment.
(b) In the case of an
				applicant who, in connection with an alleged illness, disease, disability or
				physical limitation, has been continuously assigned to light, limited or
				restricted duties for at least two years prior to the date application for
				disability retirement benefits was filed with the Comptroller (whether or not
				the assignment was made pursuant to an organized light duty or restricted duty
				program) the employer shall provide a written description of the duties and/or
				physical or psychological job requirements which have been applicable to the
				applicant since such reassignment to light, limited or restricted duties. With
				respect to such applicants, the Retirement System shall render its
				determination on the issue of permanent incapacity on the basis of such light,
				limited or restricted duty assignment.
(c) In the case of an applicant who, in
				connection with an alleged illness, disease, disability or physical limitation,
				has been continuously assigned to light, limited or restricted duties for at
				least one year prior to the date application for disability retirement benefits
				was filed with the Comptroller (whether or not the assignment was made pursuant
				to an organized light, limited or restricted duty program), and who has
				performed at least 100 hours of paid overtime, while on light, limited or
				restricted duty assignment during any 12- month period within the two-year
				period prior to the filing of the application for disability retirement, the
				employer shall provide a written description of the duties and/or physical or
				psychological requirements of the light, limited or restricted duty assignment.
				With respect to such applicants, the Retirement System shall render its
				determination on the issue of permanent incapacity on the basis of such light,
				limited or restricted duty assignment.