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 368 - Death And Disability Benefits Subject To The Older Workers' Benefit Protection Act › Section 368.2 - Disability retirement benefits

Current through Register Vol. 46, No. 28, July 10, 2024
(a) With respect to ordinary disability
				retirement benefits payable pursuant to paragraph 1 of subdivision b of section 62  of the Retirement and Social Security Law,
				if the member has attained age 60 when such retirement becomes effective, his
				retirement allowance shall be equal to that which he would receive in the case
				of superannuation retirement, unless the member is enrolled in a plan provided
				under section seventy-a, section seventy-one-a or section 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 subdivision b of such
				section 62.
(b) With respect to
				ordinary disability retirement benefits payable pursuant to paragraph 1 of
				subdivision b of section 362  of the Retirement and Social Security
				Law, if a member has attained age 60 when such retirement becomes effective,
				his retirement allowance shall be equal to that which he would receive in the
				case of superannuation retirement, unless the member is enrolled in a plan
				provided under section three hundred seventy-a, section three hundred
				seventy-one-a or section 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 subdivision b of such section
				362.
(c) With respect to ordinary
				disability benefits payable pursuant to section 506  of the Retirement and Social Security
				Law, a member of the New York State and Local Employees' Retirement System who
				is otherwise eligible for ordinary disability benefits under such section shall
				not be deemed to be ineligible for such benefits because of such member's
				eligibility for a normal retirement benefit.
(d) With respect to disability benefits
				payable pursuant to section 507  of the Retirement and Social Security
				Law, a member of the New York State and Local Employees' Retirement System who
				is otherwise eligible for accidental disability benefits under this section
				shall not be deemed to be ineligible for such benefits because of such member's
				eligibility for a normal retirement benefit.
(e) With respect to disability benefits
				payable pursuant to subdivision d of section 605  of the Retirement and Social Security
				Law, the minimum benefit payable to a member of the New York State and Local
				Employees' Retirement System who has been determined to be physically or
				mentally incapacitated for performance of gainful employment as the natural and
				proximate result of an accident not caused by willful negligence sustained in
				the performance of duties in active service while actually a member of the
				retirement system shall be one-third of such member's final average
				salary.