reglab/statecodes huggingface dataset:
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 336 - Disability Retirement For Members Under Article 14 Of The Retirement And Social Security Law › Section 336.5 - Recovery of disability beneficiaries

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The Comptroller may, once each year
				following the retirement of a member on a disability allowance, and upon the
				beneficiary's application shall, require such disability beneficiary to undergo
				a medical examination. No such examination may be required until one year
				following the final determination granting disability retirement. Such
				examination shall be made at a place mutually agreed upon by the Comptroller
				and such beneficiary. In the event that any such disability beneficiary shall
				refuse to submit to a medical examination, the retirement allowance shall be
				discontinued until the member submits to a medical examination. If such refusal
				shall continue for one year, all pension rights shall be forfeited.
(b) Following such examination, or
				examinations, the Comptroller shall render a determination based upon the
				report of the medical board. Where the Comptroller determines that a
				beneficiary who has retired from a competitive class position is no longer
				incapacitated for the performance of gainful employment, the Comptroller shall
				certify to the applicable civil service department or commission, that the
				beneficiary is a preferred eligible to be placed upon the appropriate eligible
				list or lists, if any. Disability payments shall continue until such time as
				the beneficiary is first offered a position in public service at a salary grade
				equal to or exceeding that of the position from which the beneficiary had
				retired.
(c) In the event that a
				beneficiary had not retired from a competitive class position, or in the event
				that there exists no eligible list which encompasses the competitive class
				position from which he or she had retired, disability payments shall cease one
				calendar year from the date of the Comptroller's redetermination, and the
				beneficiary shall, if he or she had been vested at the time of retirement, be
				restored to membership in the New York State Employee's Retirement
				System.
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 336 - Disability Retirement For Members Under Article 14 Of The Retirement And Social Security Law › Section 336.6 - Reemployment of disability beneficiaries

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The retirement allowance of a disability
				beneficiary shall be reduced in the event that any such disability beneficiary
				is employed in an occupation paying more than the difference between his
				retirement allowance, as it would be without optional modification, and the
				final salary. The retirement allowance shall be adjusted to a sum which, when
				added to the amount so earnable, shall equal the final salary. If the earnings
				subsequently change, the retirement allowance shall be adjusted so that the sum
				of retirement allowance when added to the amounts earned shall not exceed his
				final salary. The reduction shall be from the amount that the allowance would
				have been without optional modification. The retirement allowance of a
				disability beneficiary shall not be reduced after he or she has attained the
				applicable mandatory retirement age, or shall have attained the age and the
				date such beneficiary would have been eligible for service retirement under
				applicable law had he or she remained in continuous service from the date of
				retirement. For the purposes of this section, applicable law shall mean the
				plan and/or provision under which the member was enrolled on the date the
				disability retirement became effective.
(b) In the event that a disability
				beneficiary is restored to active service of an employer, at a salary equal to
				or in excess of his final salary, his retirement allowance shall cease.
				Thereafter, such person shall contribute to the retirement system in the same
				manner and at the same rate that he paid prior to his disability retirement.
				The total service which was credited at the time of such retirement shall be
				credited to the restored individual. Upon subsequent retirement, additional
				service earned by him subsequent to his last restoration to membership will be
				credited.
(c) In the event that a
				disability beneficiary is restored to active public service at a salary less
				than his final salary but equal to or in excess of the current minimum salary
				for the position from which he was last retired for disability, such person, if
				he or she so elects, shall again become a member of the retirement system and
				the retirement allowance shall cease. If such an election is filed with the
				Comptroller, such individual shall contribute to the retirement system in the
				same manner and at the same rate as was paid prior to disability retirement.
				The total service which was credited at the time of such retirement shall be
				credited to the restored individual. Upon his subsequent retirement, additional
				service earned subsequent to the last restoration to membership will be
				credited.
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 336 - Disability Retirement For Members Under Article 14 Of The Retirement And Social Security Law › Section 336.7 - Final salary

Current through Register Vol. 46, No. 28, July 10, 2024
The term final salary shall mean the maximum salary or
				  compensation which the retired member currently would be receiving, in the
				  position next higher than that from which he was last retired for disability,
				  if he had not been so retired, unless that position has been abolished. Where
				  such position has been abolished, the Comptroller shall determine the maximum
				  amount of salary or compensation which such retired member currently would be
				  receiving in such position, based on compensation currently paid by the
				  employer to persons in comparable positions.
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 336 - Disability Retirement For Members Under Article 14 Of The Retirement And Social Security Law › Section 336.8 - Reinstatement of member accounts upon restoration to membership

Current through Register Vol. 46, No. 28, July 10, 2024
Where a disability beneficiary is restored to membership in
				  connection with a return to active service, the net amount of the contribution
				  balance standing to the credit of the member at the time of retirement, after
				  reduction for the amount of any outstanding loan, shall be reinstated. The
				  amount of the loan outstanding at the time of the retirement shall not be
				  reinstated. Upon subsequent superannuation or service retirement, the benefits
				  otherwise payable shall be reduced by the original amount offset at the time of
				  the previous retirement with respect to an outstanding loan balance pursuant to
				  section 517-c  of the Retirement and Social
				  Security Law plus any additional offset calculated under such section 517-c
				  with respect to outstanding loans taken during the restored
				  membership.
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 337 - Disability Retirement For Members Of The New York State And Local Employees' Retirement System Under Article 15 Of The Retirement And Social Security Law › Section 337.1 - Background

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Article 15 of
				the Retirement and Social Security Law (chapter 414 of the Laws of 1983), which
				became effective September 1, 1983, applies to all members who join or rejoin a
				public retirement system on or after July 27, 1976, and to all employees who
				would have been eligible to join or rejoin such a retirement system on or after
				such date but in lieu thereof elected an optional retirement program to which
				their employers are thereby required to contribute, except for members of the
				New York State Policemen's and Firemen' s Retirement System, members in the
				uniform personnel in institutions of New York State or the New York City
				department of corrections, members of the New York City police pension fund or
				the New York City fire department pension fund, or members qualified for
				participation in the uniform transit police force or housing police force plan
				in the New York City Employees' Retirement System.
(b) Section 605  of the Retirement and Social Security
				Law provides for disability retirement benefits to eligible individuals with at
				least 10 years of creditable service who become permanently incapacitated for
				duty. Section 605 further provides that the requirement that the member have 10
				years of credited service shall be inapplicable if the permanent incapacity is
				the natural and proximate result of an accident sustained in service.
(c) Subdivision c of section 605 authorized
				the Comptroller, as head of the New York State Employees' Retirement System, to
				adopt appropriate procedures for making determinations regarding applications
				for disability retirement filed by members of that system who are governed by
				the provisions of article 15. Additionally, section 614 authorizes the
				Comptroller to promulgate regulations pertaining to the implementation of
				article 15.
(d) This Part is
				promulgated to provide procedures and requirements with respect to applications
				for disability retirement under section 605  of the Retirement and Social Security
				Law.
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 337 - Disability Retirement For Members Of The New York State And Local Employees' Retirement System Under Article 15 Of The Retirement And Social Security Law › Section 337.2 - Procedure for processing disability retirement

Current through Register Vol. 46, No. 28, July 10, 2024
The procedure for retirement set forth in section 74  of the Retirement and Social Security Law
				  shall be applicable to members of the New York State Employees' Retirement
				  System who file applications for disability retirement pursuant to article 15
				  of the Retirement and Social Security Law.
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 337 - Disability Retirement For Members Of The New York State And Local Employees' Retirement System Under Article 15 Of The Retirement And Social Security Law › Section 337.3 - Effective date of disability retirement

Current through Register Vol. 46, No. 28, July 10, 2024
The effective date of retirement for disability purposes
				  shall be the later of either:
(a) the
				date of the filing of the application for disability retirement; or
(b) the date following the last date of
				active service.
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 337 - Disability Retirement For Members Of The New York State And Local Employees' Retirement System Under Article 15 Of The Retirement And Social Security Law › Section 337.4 - Disability determinations

Current through Register Vol. 46, No. 28, July 10, 2024
Pursuant to section 74  of the Retirement and Social Security Law,
				  the Comptroller has the exclusive authority to determine whether a member is
				  permanently incapacitated for the performance of gainful employment. With
				  respect to disability retirement applications filed pursuant to section 605  of the Retirement and Social Security
				  Law, a member shall be considered permanently incapacitated for the performance
				  of gainful employment if he is incapable of performing the duties normally,
				  ordinarily and reasonably expected of his position.
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 337 - Disability Retirement For Members Of The New York State And Local Employees' Retirement System Under Article 15 Of The Retirement And Social Security Law › Section 337.5 - Recovery of disability beneficiaries

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The Comptroller may, once each year
				following the retirement of a member on a disability allowance, and upon the
				beneficiary's application shall require such disability beneficiary to undergo
				a medical examination. No examination upon a beneficiary's application may be
				required until one year following the final determination granting disability
				retirement. Such examination shall be made at a place mutually agreed upon by
				the Comptroller and such beneficiary. In the event that any such disability
				beneficiary shall refuse to submit to a medical examination, the retirement
				allowance shall be discontinued until the member submits to a medical
				examination. If such refusal shall continue for one year, all pension rights
				shall be forfeited. The following indicia of a disability beneficiary's ability
				to return to the duties of the position from which such individual retired on
				account of disability, and any other reasonable indicia, shall be considered in
				determining whether it is appropriate to require the medical examination of a
				disability beneficiary (who has not requested such medical examination) for the
				purposes of this Part:
(1) medical evidence or
				records submitted to the Retirement System that indicates that the disability
				beneficiary may be able to perform the duties of the former position;
(2) videotape, photographs or other
				documentation or evidence submitted to the Retirement System which indicates
				that the disability beneficiary may be able to perform the duties of the former
				position;
(3) a determination by
				the Social Security Agency, Workers' Compensation Board or similar entity which
				indicates that the disability beneficiary may be able to perform the duties of
				the former position;
(4)
				documentation with respect to the disability beneficiary's earnings in a
				position or positions which may reasonably be construed as indicating that the
				disability beneficiary may be able to perform the duties of the former
				position.
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 337 - Disability Retirement For Members Of The New York State And Local Employees' Retirement System Under Article 15 Of The Retirement And Social Security Law › Section 337.7 - Final salary

Current through Register Vol. 46, No. 28, July 10, 2024
The term final salary shall mean the maximum salary or
				  compensation which the retired member currently would be receiving, in the
				  position next higher than that from which he was last retired for disability,
				  if he had not been so retired, unless that position has been abolished. Where
				  such position has been abolished, the Comptroller shall determine the maximum
				  amount of salary or compensation which such retired member currently would be
				  receiving in such position, based on compensation currently paid by the
				  employer to persons in comparable positions.
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 337 - Disability Retirement For Members Of The New York State And Local Employees' Retirement System Under Article 15 Of The Retirement And Social Security Law › Section 337.8 - Reinstatement of member accounts upon restoration to membership

Current through Register Vol. 46, No. 28, July 10, 2024
Where a disability beneficiary is restored to membership in
				  connection with a return to active service, the net amount of the contribution
				  balance standing to the credit of the member at the time of retirement, after
				  reduction for the amount of any outstanding loan, shall be reinstated. The
				  amount of the loan outstanding at the time of the retirement shall not be
				  reinstated. Upon subsequent superannuation or service retirement, the benefits
				  otherwise payable shall be reduced by the original amount offset at the time of
				  the previous retirement with respect to an outstanding loan balance pursuant to
				  section 613-b  of the Retirement and Social
				  Security Law plus any additional offset calculated under such section with
				  respect to outstanding loans taken during the restored
				  membership.
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 338 - Termination Of Membership In New York State Employees' Retirement System Pursuant To Articles 14 And 15 Of The Retirement And Social Security Law › Section 338.1 - Background

Current through Register Vol. 46, No. 28, July 10, 2024
Section 519  of the Retirement and Social Security
				  Law and section 614  of the Retirement and Social Security
				  Law authorize the State Comptroller, as head of the New York State Employees'
				  Retirement System, to promulgate regulations pertaining to the termination of
				  membership in the system by members subject to articles 14 and 15,
				  respectively, of the Retirement and Social Security Law. Employee contributions
				  made to the retirement system pursuant to section 613  of the Retirement and Social Security
				  Law by members who joined the retirement system on or after September 1, 1983
				  must remain on deposit until the member has attained age 62 or died. This
				  regulation is promulgated to provide the conditions upon which membership in
				  the retirement system will terminate pursuant to the provisions of articles 14
				  and 15 of the Retirement and Social Security Law so as to ensure that
				  membership will not automatically terminate prior to the date a member sould be
				  otherwise eligible for benefits in the retirement system or for a refund of
				  contributions.
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 338 - Termination Of Membership In New York State Employees' Retirement System Pursuant To Articles 14 And 15 Of The Retirement And Social Security Law › Section 338.2 - Termination of membership

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				The membership of those members who join or rejoin the retirement system on or
				after July 1, 1976 shall cease upon the occurrence of any one of the following
				conditions:
(1) when a member shall
				die;
(2) when a member shall
				retire; or
(3) when a member shall
				have withdrawn his or her accumulated contributions.
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 340 - Date Of Membership For Optional Members Of The New York State And Local Employees' Retirement System › Section 340.1 - Background

Current through Register Vol. 46, No. 28, July 10, 2024
Sections 40, 500 and
				  600  of the Retirement and Social Security
				  Law provide that individuals in certain categories of employment are eligible,
				  but not required, to join the New York State Employees' Retirement System.
				  These individuals join the New York State Employees' Retirement System upon
				  filing a membership application with the Comptroller, and are referred to as
				  "optional members." Pursuant to those provisions, the Retirement System has
				  established a practice of determining the date of membership of such optional
				  members as the date on which the appropriate membership application is filed
				  with the Comptroller. Court decisions have consistently held that a Retirement
				  System document is filed with the Comptroller for Retirement and Social
				  Security Law purposes on the date that it is received by the office or
				  individual responsible for receiving such document. Accordingly, the Retirement
				  System has established a longstanding practice of determining the date of
				  membership for optional members as the date on which the membership application
				  is received by the Comptroller. This Part is promulgated to set forth the
				  procedures to be used in establishing the date of membership in the New York
				  State Employees' Retirement System for individuals in categories of employment
				  which render them optional members of said system.
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 340 - Date Of Membership For Optional Members Of The New York State And Local Employees' Retirement System › Section 340.2 - Date of membership

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				The date of membership for individuals in categories of employment which make
				them eligible, but not required, to join the New York State and Local
				Employees' Retirement System pursuant to sections 40, 500 and
				600  of the Retirement and Social Security
				Law shall be the date on which an appropriate and duly completed membership
				application form is received by the Comptroller.
(b) An individual's employer shall not be
				considered an agent of the Comptroller under this Part, and accordingly the
				delivery of a membership application to an individual's employer shall not
				result in enrollment in the New York State and Local Employees' Retirement
				System and shall not have any effect on the date of the individual's date of
				membership.
(c) Telephone
				registration. Notwithstanding the above, an individual's employer shall be
				considered an agent of the Comptroller for the limited purpose of accepting a
				membership application, and a membership application shall be deemed received
				by the Comptroller on the date of telephone registration, if all of the
				following requirements are met:
(1) The
				employer of an individual makes telephone contact with the Retirement System's
				telephone registration unit and advises such unit that the individual has
				commenced employment in a position which would entitle the individual to
				membership in the Retirement System.
(2) The employer, in the course of such
				telephone call, notifies the Retirement System's telephone registration unit of
				the name, date of birth and Social Security number of such employee.
(3) The employer, during the course of such
				telephone conversation, states that the member is in the process of filling out
				a membership application, and that such application will be mailed to the
				Retirement System in the immediate future.
(4) The membership application is
				subsequently received by the Retirement System.
(5) Nothing in this Part shall result in the
				membership of an individual who is not eligible to join the Retirement System
				upon the filing of a membership application.
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 341 - Filing Retirement Applications And Option Election Forms; Withdrawing And Changing The Effective Date Of Service Retirement › Section 341.1 - Background

Current through Register Vol. 46, No. 28, July 10, 2024
The State Comptroller as the administrative head of the New
				  York State Employees' Retirement System and the New York State Policemen's and
				  Firemen's Retirement System has the exclusive authority pursuant to sections 11, 74, 311, 374, 519 and
				  614  of the Retirement and Social Security
				  Law to adopt rules and regulations for the administration of the retirement
				  systems. This Part is promulgated to set forth the procedures for filing
				  documents with the retirement system and to facilitate the orderly processing
				  of applications for retirement benefits and forms for retirement option
				  elections filed pursuant to the requirements of the Retirement and Social
				  Security Law.
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 341 - Filing Retirement Applications And Option Election Forms; Withdrawing And Changing The Effective Date Of Service Retirement › Section 341.2 - Application forms

Current through Register Vol. 46, No. 28, July 10, 2024
All applications for service retirement and disability
				  retirement and all elections of options must be made on the official forms
				  prepared by the State Comptroller for such purposes.
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 341 - Filing Retirement Applications And Option Election Forms; Withdrawing And Changing The Effective Date Of Service Retirement › Section 341.3 - Filing date of service retirement applications, vested retirement applications, disability retirement applications retirement option elections and other applications, forms and documents

Current through Register Vol. 46, No. 28, July 10, 2024
Except as provided in parts 340 and 366 of this title,
				  service retirement applications, vested retirement applications, disability
				  retirement applications option election forms and other applications, forms and
				  documents are not filed until the date they are received by the Retirement
				  System. However, such applications, forms and documents will be deemed filed on
				  the date mailed if they are mailed to the Retirement System by the United
				  States Postal Service certified mail, return receipt requested. Notwithstanding
				  this provision, no application, form or document will be deemed filed on its
				  mailing date unless it is actually received by the Retirement System as the
				  result of such mailing.
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 341 - Filing Retirement Applications And Option Election Forms; Withdrawing And Changing The Effective Date Of Service Retirement › Section 341.4 - Effective date of retirement

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A
				service retirement application must be on file with the Office of the State
				Comptroller for no less than 15 and no more than 90 days before the effective
				date of retirement.
(b) With
				respect to tier 1 and tier 2 members, a vested retirement application will
				become effective on the date it is filed or the first day of the month
				following the date upon which the member attains the minimum age required for
				vested retirement; whichever is later.
(c) With respect to tier 3 and tier 4
				members, a vested retirement application will become effective on the date it
				is filed or the date upon which the member attains the minimum age required for
				vested retirement; whichever is later.
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 341 - Filing Retirement Applications And Option Election Forms; Withdrawing And Changing The Effective Date Of Service Retirement › Section 341.5 - Withdrawal of service retirement applications

Current through Register Vol. 46, No. 28, July 10, 2024
An application for service retirement can only be withdrawn
				  by filing a written request to withdraw such application with the Retirement
				  System prior to the effective date of retirement. This written request must be
				  signed by the member, or if he is incompetent, by his spouse or the committee
				  of his property, or if he is a conservatee, by his spouse or the conservator of
				  his property. Such written request will not be considered filed until it is
				  actually received. However, such a written request will be deemed filed on the
				  date it is mailed if it is mailed to the Retirement System by United States
				  Postal Service certified mail, return receipt requested and is actually
				  received by the Retirement System as the result of such
				  mailing.
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 341 - Filing Retirement Applications And Option Election Forms; Withdrawing And Changing The Effective Date Of Service Retirement › Section 341.6 - Changing the effective date of service retirement

Current through Register Vol. 46, No. 28, July 10, 2024
A member or a person authorized under the Retirement and
				  Social Security Law to file a retirement application on the member's behalf may
				  change the effective date of the member's service retirement by filing a new
				  application for service retirement with the Retirement System prior to the
				  effective date of retirement established by the previously filed service
				  retirement application, and by choosing thereon, a new effective date which
				  meets the following requirements. The effective date of retirement selected on
				  the new service retirement application must be at least 30 and no more than 90
				  days after the filing date of the previously filed service retirement
				  application, or must be at least 30 and no more than 90 days after the filing
				  date of the new service retirement application, whichever period is later. Such
				  an application will not be considered filed until it is actually received.
				  However, such a written request will be deemed filed on the date it is mailed
				  if it is mailed to the Retirement System by United States Postal Service
				  certified mail, return receipt requested and is actually received by the
				  Retirement System as the result of such mailing.
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 341 - Filing Retirement Applications And Option Election Forms; Withdrawing And Changing The Effective Date Of Service Retirement › Section 341.7 - Simultaneous filing of retirement applications without prejudice

Current through Register Vol. 46, No. 28, July 10, 2024
A member or a person authorized to file on a member's behalf
				  may simultaneously file applications for service and disability retirements
				  without prejudice to each other by filing the appropriate application forms,
				  provided that such member or person indicates on each application form that the
				  application is filed without prejudice to the other applications being
				  filed.
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 342 - Filing Of Option Elections Under Article 14 Of The Retirement And Social Security Law › Section 342.1 - Background

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Section 514  of the Retirement and Social Security
				Law authorizes eligible individuals to elect to receive a retirement allowance
				without optional modifications, or alternatively, to elect to receive a
				retirement allowance under one of several retirement options provided therein.
				Section 514 does not detail the procedure for filing option elections, and
				accordingly the procedure provided in title 10 of article 2 of the Retirement
				and Social Security Law shall apply, pursuant to paragraph 1 of section 519  of the Retirement and Social Security
				Law.
(b) This Part is promulgated
				to outline the procedure for filing option elections under article 14 of the
				Retirement and Social Security Law as provided under title 10 of article 2 of
				the Retirement and Social Security Law.
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 342 - Filing Of Option Elections Under Article 14 Of The Retirement And Social Security Law › Section 342.2 - Form; extent of revocability

Current through Register Vol. 46, No. 28, July 10, 2024
A member, or person authorized by section 514  of the Retirement and Social Security
				  Law to make an election on a member's behalf, may designate a beneficiary under
				  any of the options herein provided. Each such designation shall be:
(a) made in writing on a blank provided by
				the Comptroller for such purpose; and
(b) ineffective until it is filed in the
				Comptroller's office; and
(c)
				revocable to the extent that:
(1) a new
				beneficiary under option three or option four may be designated at any time
				during the member's life;
(2) a new
				beneficiary under any other option may be designated at any time within the
				period provided for the making of an election pursuant to this
				section.
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 342 - Filing Of Option Elections Under Article 14 Of The Retirement And Social Security Law › Section 342.3 - Filing period; service retirement options

Current through Register Vol. 46, No. 28, July 10, 2024
Any such election may be filed before the first day of the
				  month following the effective date of retirement.
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 342 - Filing Of Option Elections Under Article 14 Of The Retirement And Social Security Law › Section 342.4 - Comptroller's authority to extend filing period, service retirement options

Current through Register Vol. 46, No. 28, July 10, 2024
Notwithstanding any other provision of this Part, the
				  Comptroller, for reasonable cause, shall have power to extend the time for the
				  election of an option, for a period or periods which shall expire not later
				  than 60 days immediately after the effective date of a member's
				  retirement.
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 342 - Filing Of Option Elections Under Article 14 Of The Retirement And Social Security Law › Section 342.5 - Filing period; disability retirement options

Current through Register Vol. 46, No. 28, July 10, 2024
An option election with respect to retirement on account of
				  disability may be filed within 30 days after mailing by the Comptroller of
				  notification of approval of retirement on account of
				  disability.
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 342 - Filing Of Option Elections Under Article 14 Of The Retirement And Social Security Law › Section 342.6 - Comptroller's authority to extend filing period for disability retirement options where no effective option on file

Current through Register Vol. 46, No. 28, July 10, 2024
Notwithstanding any other provision of this part, the
				  Comptroller, for reasonable cause, shall have power to extend the time for the
				  election of an option, for a period or periods which shall expire not later
				  than 60 days immediately after the mailing by the Comptroller of notification
				  of approval of retirement on account of disability.
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 342 - Filing Of Option Elections Under Article 14 Of The Retirement And Social Security Law › Section 342.7 - Retirement shall be without optional modification unless timely and effective election filed

Current through Register Vol. 46, No. 28, July 10, 2024
Notwithstanding any other provision of this section, but
				  except where payment of accumulated contributions, an ordinary death benefit,
				  or both, is or are required pursuant to article 14 of the Retirement and Social
				  Security Law, retirement shall be without optional modification unless the
				  member files an effective election pursuant to this Part to retire on a
				  different basis.
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 342 - Filing Of Option Elections Under Article 14 Of The Retirement And Social Security Law › Section 342.8 - Election ineffective due to death

Current through Register Vol. 46, No. 28, July 10, 2024
An optional election shall not become effective if the member
				  dies before the effective date of retirement, or within 30 days after filing a
				  retirement application pursuant to this Part.
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 342 - Filing Of Option Elections Under Article 14 Of The Retirement And Social Security Law › Section 342.9 - Withdrawing option elections; choosing a new option

Current through Register Vol. 46, No. 28, July 10, 2024
An election of an option may be withdrawn or a new option may
				  be chosen until the first day of the month following the effective date of
				  retirement.
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 343 - Service Crediting For Teachers, Tiers Two, Three And Four › Section 343.1 - Background

Current through Register Vol. 46, No. 28, July 10, 2024
Sections 446, 513 and
				  609  of the Retirement and Social Security
				  Law were amended by chapters 616 and 713, respectively, of the Laws of 1986 to
				  provide that teachers, as defined in section 136  of the Civil Service Law and section 3101  of
				  the Education Law, shall receive one year of service credit if they have been
				  (employed full-time for the school year. Chapter 616 applies to school years
				  which begin on or after January 1, 1986. Chapter 713 is applicable to school
				  years which begin on or after September 1, 1986. These amendments authorize the
				  Comptroller to promulgate regulations defining school year for the purposes of
				  determining service credit pursuant to sections 446, 513 and
				  609  of the Retirement and Social Security
				  Law.
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 343 - Service Crediting For Teachers, Tiers Two, Three And Four › Section 343.2 - Definition of school year

Current through Register Vol. 46, No. 28, July 10, 2024
Teachers shall be considered to have been employed for an
				  entire school year for service crediting purposes if and only if they have been
				  reported by the employer to the Retirement System as being paid on the payroll
				  for not less than 200 days (including paid vacation and paid holidays) between
				  September 1st of any calendar year and August 31st of the following calendar
				  year.
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 343 - Service Crediting For Teachers, Tiers Two, Three And Four › Section 343.3 - Service credit

Current through Register Vol. 46, No. 28, July 10, 2024
Teachers who have been employed full-time for a school year
				  as defined in this part shall receive a full year of service credit for any
				  such school year.
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 344 - Good Cause For Failure To File Timely Notice Of Occurrence Of Disability Incurred In The Performance Of Duty As Required By Section 363-c Of The Retirement And Social Security Law › Section 344.1 - Background

Current through Register Vol. 46, No. 28, July 10, 2024
Whereas, section 363-c (e)  of the
				  Retirement and Social Security Law requires timely filing of written notice of
				  occurrence(s) with the Comptroller as a prerequisite to the granting of
				  retirement for disability incurred in the performance of duty, and whereas
				  paragraph c of subdivision e of section 363-c provides that the notice
				  requirement shall apply to all occurrences before and after the August 1, 1984
				  effective date of section 363-c, and whereas section 363-c(e) provides that a
				  failure to file timely notice may be excused for good cause shown as provided
				  by rules and regulations promulgated by the Comptroller, this Part is
				  promulgated to establish the standard by which failure to file timely notice of
				  occurrence of disability will be excused for good cause.
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 344 - Good Cause For Failure To File Timely Notice Of Occurrence Of Disability Incurred In The Performance Of Duty As Required By Section 363-c Of The Retirement And Social Security Law › Section 344.2 - Good cause defined

Current through Register Vol. 46, No. 28, July 10, 2024
Failure to file timely notice of occurrence of disability in
				  accordance with the provisions of section 363-c (e)  of the
				  Retirement and Social Security Law will be excused for good cause shown when it
				  is established that:
(a) the applicant
				became hospitalized within a week after the date of an occurrence which is the
				basis of disability incurred in the performance of duty and remained so
				hospitalized for 60 days thereafter; or
(b) the applicant, within 30 days after the
				date of occurrence of disability, filed written notice with his employer
				setting forth the particulars of the time, place, nature of the occurrence and
				the nature of the injury. This notice must be signed by the injured employee or
				by someone on his behalf. The applicant or applicant's employer being unaware
				of the requirements of section 363-c (e)  of the
				Retirement and Social Security Law or this Part, regarding timely filing of
				notice, shall not constitute good cause for failure to file timely
				notice.
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 344 - Good Cause For Failure To File Timely Notice Of Occurrence Of Disability Incurred In The Performance Of Duty As Required By Section 363-c Of The Retirement And Social Security Law › Section 344.3 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
Section 363-c  of the Retirement and Social
				  Security Law provides that its statutory notice requirement shall apply to
				  occurrences both before and after the effective date of that section.
				  Accordingly, the provisions of this part, which pertains to situations where
				  such notice shall be excused, shall be applicable to any occurrence which is
				  the basis for application for retirement for disability incurred in the
				  performance of duty, whether occurring before or after the effective date(s) of
				  Section 363-c  of the Retirement and Social
				  Security Law and/or this part.
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 345 - Additional Options Upon Retirement For Tier 1 And 2 Members Of The New York State And Local Retirement Systems › Section 345.1 - Background

Current through Register Vol. 46, No. 28, July 10, 2024
Sections 90, 390 and
				  447  of the Retirement and Social Security
				  Law authorize eligible members of the New York State and Local Employees'
				  Retirement System and the New York State and Local Police and Fire Retirement
				  System to elect to receive a retirement allowance without optional modification
				  or, alternatively, to elect to receive a modified retirement allowance under
				  one of several statutory retirement options provided in those sections.
				  Sections 90 and 390 also authorize the comptroller to approve other optional
				  benefits which shall be the actuarial equivalent of the basic retirement
				  allowance without optional modification. This part shall provide for the
				  availability of four such retirement options to eligible Tier 1 members, and
				  two such options to eligible Tier 2 members. The five-year and ten-year certain
				  options provided in sections
				  345.2
				  and
				  345.3, of
				  this Part, are already available to Tier 2 members pursuant to section 447  of the Retirement and Social Security
				  Law.