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 309 - Application For Retirement Benefits While On An Authorized Leave Of Absence Without Pay For Medical Reasons Or While Receiving Benefits Payments From Either Workers' Compensation Or Other Employer-funded Disability Programs › Section 309.1 - Background and determination

Current through Register Vol. 46, No. 28, July 10, 2024
The Court of Appeals of the State of New York has determined
				  that a member of the Retirement System who was granted a leave of absence
				  without pay for medical reasons, pursuant to the rules and regulations of the
				  Department of Civil Service, continued to be in service upon which her
				  membership was based for the duration of the leave granted. The Appellate
				  Division, Third Department, has determined that a member of a retirement system
				  who was granted a leave of absence without pay for medical reasons continues to
				  be in service upon which membership in the system is based. In accordance with
				  the above judicial principles, the Comptroller has determined that a member of
				  the retirement system who is receiving benefit payments from either Workers'
				  Compensation or other employer-funded disability programs and whose employment
				  has not terminated by resignation, employer action or any other means, shall be
				  considered to be in service upon which membership in the system is based, for
				  the purposes of meeting certain statutory filing deadlines.
Sections
				  5.2
				  and
				  22.2  of the rules and
				  regulations of the Department of Civil Service direct that a permanent State
				  employee may, in the discretion of the appointing authority, be granted a leave
				  of absence from his position without pay for a period not exceeding two years,
				  and such leave may be extended beyond two years, for periods aggregating not in
				  excess of an additional two years, only with the approval of the Civil Service
				  Commission.
Sections 62, 63, 362, 363, 363-b, 363-c, 506 and
				  507  of the Retirement and Social Security
				  Law, relating disability retirement, provide the applicant must file
				  application for benefits while in service, or within certain statutorily
				  provided time periods after discontinuance from service. Sections 507-a and
				  605  of the Retirement and Social Security
				  Law, relating to disability retirement, provide the applicant must file an
				  application within specified time periods from the last date the member was
				  being paid on the payroll. Any retirement granted pursuant to these sections
				  shall be effective as of a date approved by the Comptroller.
Sections 60, 60-a, 60-b, 448, 508 and
				  606  of the Retirement and Social Security
				  Law, relating to ordinary death benefits, provide that a death benefit shall be
				  payable if the member dies while in service upon which the membership is
				  based.
This Part is promulgated to provide the criteria for
				  determining whether members of the New York State Employees' Retirement System
				  and the New York State Policemen's and Firemen's Retirement System who are
				  either on a leave of absence without pay for medical reasons or receiving
				  benefit payments from either Workers' Compensation or other employer-funded
				  disability programs are to be considered in service for the purpose of filing
				  an application for disability retirement and for eligibility for certain death
				  benefits.