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 337.6 - 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 as 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 subsequent retirement, additional
				service earned subsequent to the last restoration to membership will be
				credited.