§ 511 — Disability retirement

§ 511. Disability retirement. 1. Retirement on account of disability\nshall be made under the following conditions: A member who has completed\nat least fifteen years of total state service or a member who is a\npresent teacher and who has completed twenty years of service, the last\nten of which were state service, may be retired on account of disability\neither upon the application of his employer or upon his own application\nor that of a person acting in his behalf, if the retirement board, after\na medical examination of said member by a physician or physicians\ndesignated by said board shall determine upon the basis of a report\nsubmitted by said physician or physicians that the said member is\nphysically or mentally incapacitated for the performance of duty, that\nhe was incapacitated at the time he ceased teaching and that said member\nought to be retired.\n 2. On retirement for disability, a member shall receive a\nsuperannuation retirement allowance if his state service is twenty-five\nor more years and he has attained age sixty or if his total service is\nthirty-five or more years; otherwise, he shall receive a disability\nretirement allowance which shall consist of:\n a. An annuity which shall be the actuarial equivalent of his\naccumulated contributions at the time of his retirement; and\n b. A pension of one-fifth (1/5) of his final average salary, with the\nexception that in no case shall the rate of such pension exceed\nfour-fifths (4/5) of the rate of pension to which he might have been\nentitled had retirement been deferred until the age of seventy as\nprovided under paragraph b of subdivision one of section five hundred\nten; and\n c. If he be a present teacher, a further pension of one one-hundred\nfortieth (1/140) of his final average salary multiplied by the number of\nyears of total service certified on his prior service certificate, and\n d. If the member has contributed pursuant to paragraph c of\nsubdivision three of section five hundred sixteen, a pension, in lieu of\nthe pension provided under paragraph b of subdivision two of this\nsection, of nine-tenths (9/10) of one one-hundredth (1/100) of his final\naverage salary multiplied by the number of years of total service not in\nexcess of twenty-five years, but not less than twenty (20) per centum of\nhis final average salary, plus nine-tenths (9/10) of one one-hundred\ntwentieth (1/120) of his final average salary multiplied by the number\nof years of total service in excess of twenty-five years but not in\nexcess of thirty-five years, nor in excess of the number of years for\nwhich credit is allowed under paragraph d of subdivision three of\nsection five hundred sixteen.\n 3. On and after July first, nineteen hundred seventy, a member who has\ncredit for ten years of full time state service, including at least two\nyears of such service rendered subsequent to June thirtieth, nineteen\nhundred sixty-seven and subsequent to the date upon which he last joined\nthe retirement system and who is under age fifty-five, and otherwise\nmeets the requirements of subdivision one of this section, may be\nretired on account of disability by the filing of an application with\nthe retirement board as required by subdivision one of this section.\nUpon such retirement, he shall receive, in lieu of the retirement\nallowance specified in subdivision two of this section and the pension\nfor increased-take-home-pay otherwise authorized in this article, a\ndisability retirement pension consisting of:\n a. a pension of one-sixtieth of his final average salary multiplied by\nthe number of his years of credited state service rendered after June\nthirtieth, nineteen hundred fifty-nine and\n b. a pension of one-seventieth of his final average salary multiplied\nby the number of his years of credited state service rendered before\nJuly first, nineteen hundred fifty-nine and\n c. a pension of one one-hundred twentieth of his final average salary\nmultiplied by the number of his years of credited out-of-state service.\n In no event shall the disability pension be less than one-sixtieth of\nthe member's final average salary multiplied by the number of years of\ntotal service, not to exceed twenty, which would have been credited to\nthe member had he remained in service until age sixty; provided,\nhowever, that for members who are credited with service prior to July\nfirst, nineteen hundred fifty-nine, the minimum pension as so determined\nshall be reduced by one quarter of one per cent of final average salary\nmultiplied by the number of his years of service prior to July first,\nnineteen hundred fifty-nine.\n On retirement for disability, in addition to the pension hereinabove\nprovided, a member shall receive an annuity which shall be the actuarial\nequivalent of his accumulated contributions at the time of his\nretirement.\n On and after July first, nineteen hundred seventy-seven, a member who\nis age fifty-five or over and who otherwise meets the requirements of\nthis subdivision, shall receive on retirement for disability the\nretirement allowance he would have received had he filed for a service\nretirement.\n On or after October sixteenth, nineteen hundred ninety-two, the\ndisability pension shall in no event be less than:\n a. in the case of a member under age sixty, the greater of (i)\none-sixtieth of the member's final average salary multiplied by the\nnumber of years of total service, which formula is to be used if the\npension so computed exceeds one-third of the member's final average\nsalary, or (ii) one-sixtieth of the member's final average salary\nmultiplied by the number of years of total service, not to exceed\ntwenty, which would have been credited to the member had he remained in\nservice until age sixty; or\n b. in the case of a member age sixty or over, one-sixtieth of the\nmember's final average salary multiplied by the number of years of total\nservice.\n Notwithstanding anything to the contrary in this article, any member\nwho shall receive a disability retirement allowance pursuant to this\nsubdivision shall be required once each year or at such other interval\nas the retirement board may determine to undergo a medical examination\nby a physician or physicians designated by the retirement board. Should\nany disability beneficiary refuse to submit to a medical examination,\nhis retirement allowance shall be discontinued until his withdrawal of\nsuch refusal, and should refusal continue for one year all rights in and\nto his pension shall be forfeited.\n In the case of persons who last became members on or after July first,\nnineteen hundred seventy-three, the provisions of this subdivision shall\napply only until July first, nineteen hundred seventy-four.\n 4. Once each year or at such other interval as the retirement board\nmay determine, following the retirement of a teacher who joined the New\nYork state teachers retirement system on or after July first, nineteen\nhundred sixty-one, on a disability allowance, or once each year during\nthe first five years following the retirement of the teacher who joined\nthe New York state teachers retirement system prior to July first,\nnineteen hundred sixty-one, on a disability allowance the retirement\nboard may, and upon his application shall, require any disability\nbeneficiary to undergo medical examination by a physician or physicians\ndesignated by the retirement board. Should any disability beneficiary\nrefuse to submit to a medical examination, his retirement allowance\nshall be discontinued until his withdrawal of such refusal, and should\nsuch refusal continue for one year, all his rights in and to his pension\nshall be forfeited.\n 5. Should the physician or physicians designated by the retirement\nboard report and certify to the retirement board that such disability\nbeneficiary is engaged in or is able to engage in a gainful occupation\npaying more than the difference between his retirement allowance and his\nfinal average salary, and should the retirement board concur in such\nreport, then the amount of his pension shall be reduced to an amount\nwhich, when added to the amount earnable by him, together with his\nannuity shall equal the amount of his final average salary. Should his\nearning capacity be later changed, then the amount of his pension may be\nfurther altered; provided, that the new pension shall not exceed the\namount of the pension originally granted nor an amount which when added\nto the amount earned by the beneficiary, together with his annuity\nequals the amount of his final average salary. A beneficiary restored to\nactive service at a salary less than the final average salary or upon\nthe basis of which he was retired shall not become a member of the\nretirement system while receiving a reduced pension. Notwithstanding any\nother provision of this article, the term "final average salary" as used\nin this subdivision four, shall mean either "final average salary" as\ndefined by subdivision eleven of section five hundred one, or the\nmaximum salary or compensation which the retired member currently would\nbe receiving in the position from which he was last retired for\ndisability, if he had not been so retired, whichever is greater,\nprovided, however, that if the position from which he was so retired has\nbeen abolished, the retirement board, upon the basis of salary or\ncompensation currently paid by the retired member's last employer to\npersons in similar or comparable position, shall determine, for the\npurposes of this subdivision four, the maximum amount of salary or\ncompensation which such retired member currently would be receiving in\nsuch position.\n 6. Should a disability beneficiary be restored to active service at a\nsalary as great as his final average salary, his retirement allowance\nshall cease, and he shall again become a member of the retirement\nsystem, and his annuity reserve shall be transferred from the annuity\nreserve fund to the annuity savings fund and credited to his individual\naccount as a part of his accumulated contributions in the latter fund,\nand he shall contribute to the said fund thereafter in the same manner\nand at the same rate as he paid prior to his disability. His prior\nservice certificate on the basis of which his service was computed at\nthe time of his retirement shall be renewed and shall again be in full\nforce and effect, and in addition, upon his subsequent retirement, he\nshall be credited with all his service as a member subsequent to the\nperiod covered by his prior service certificate.\n 7. The retirement board shall adopt appropriate rules and regulations\nproviding for the reimbursement of reasonable expenses actually incurred\nby a member in attending medical examinations by physicians designated\nby the retirement board pursuant to this section. After determining the\nreasonableness thereof, the retirement board shall approve payment of\nsuch expenses from the expense fund.\n 8. a. Notwithstanding any other provision of law to the contrary, a\nmember who has applied for disability retirement pursuant to this\nsection, or, in the case of a member subject to article fifteen of the\nretirement and social security law, pursuant to section six hundred five\nof such law and has validly elected the applicable optional allowance\nspecified in paragraph e of this subdivision and is otherwise eligible\nto retire for disability pursuant to the provisions of this section\nshall be entitled to the benefits of this subdivision in lieu of any\npre-retirement death benefit which otherwise would have been payable,\nbut for the operation of this subdivision. Such member shall be deemed\nto have elected the benefits of this subdivision unless the member shall\nhave indicated in a manner prescribed by the retirement board that the\nmember does not wish to avail himself of such benefits.\n b. In the event such member dies, and such application for disability\nretirement has not become effective and has not been rejected, and it is\ndetermined by the retirement board, upon recommendation of the medical\nboard, that the physical or mental incapacitation specified in such\napplication was directly related to the cause of the member's death,\nsuch application shall be deemed approved by the retirement board,\neffective one day prior to the date of the member's death. In such\nevent, the optional allowance elected by such member shall be effective\nand no pre-retirement death benefit shall be payable.\n c. In the event no optional allowance specified in paragraph e of this\nsubdivision was elected by the member, or it is determined by the\nretirement board, upon recommendation of the medical board, that the\nphysical or mental incapacitation specified in such application was not\ndirectly related to the cause of the member's death, this subdivision\nshall not apply and the applicable pre-retirement death benefit, if any,\nshall be payable.\n d. If a member satisfying the provisions of paragraph a of this\nsubdivision is, at the time the member files an application for\ndisability retirement, eligible to retire for service under this\narticle, the member may simultaneously apply for service retirement,\nprovided the member indicates the application for disability retirement\nis without prejudice to the member's application for service retirement.\nUpon retirement for service, the member's application for disability\nretirement shall be deemed cancelled.\n e. An eligible optional allowance for the purposes of this subdivision\nshall only include Option one and Option four pursuant to section five\nhundred thirteen of this article in the case of a member who has applied\nfor disability retirement pursuant to this section, and the Alternative\nOption pursuant to subdivision a-one of section six hundred ten of the\nretirement and social security law in the case of a member who has\napplied for disability retirement pursuant to section six hundred five\nof such law, provided that in the case of Option four and the\nAlternative Option, the optional allowance elected by the member must\nprovide only for the payment upon the member's death of a lump sum and\nsuch lump sum must be greater in amount than the amount of the death\nbenefit, if any, which would have been paid but for the operation of\nthis subdivision.\n f. The retirement board is authorized to adopt such rules and\nregulations as it deems necessary to implement the provisions of this\nsection.\n 9. a. Any law to the contrary notwithstanding, a member who satisfies\nthe requirements of paragraph b of this subdivision and is otherwise\neligible (disregarding any service requirement) to retire for disability\npursuant to this section or section five hundred six or six hundred five\nof the retirement and social security law, as applicable, may elect to\nreceive a benefit equal to the death benefit which would have been paid,\nhad such member died on the member's last day on the payroll in full pay\nstatus, pursuant to section five hundred twelve of this article or\nsection four hundred forty-eight, five hundred eight or six hundred six\nof the retirement and social security law, as applicable.\n b. To be eligible for the benefit provided in paragraph a of this\nsubdivision, a member must have been determined by the system to have\n(i) a terminal illness resulting in a life expectancy of no more than\ntwelve months, or (ii) a medical condition of a long continued and\nindefinite duration requiring extraordinary care or treatment regardless\nof life expectancy.\n c. The benefit provided in paragraph a of this subdivision shall be in\nlieu of any disability benefit to which the member may otherwise be\nentitled. A member who is otherwise eligible to retire for disability\nmust elect the benefit provided in paragraph a of this subdivision no\nlater than the thirtieth day following the day on which (i) the system\nnotifies the member that the member has been retired for disability, or\n(ii) the member is first eligible to commence receiving a disability\nretirement benefit, whichever is later. Such election, when made, shall\nbe irrevocable.\n d. Except as provided in this paragraph, a member electing the benefit\nprovided in paragraph a of this subdivision shall for all purposes be\ndeemed to have been retired for disability. Notwithstanding the\nforegoing, should a member who has elected the benefit provided in\nparagraph a of this subdivision thereafter be restored to active service\nand again become a member of the system,\n (i) no death benefit shall be payable pursuant to section five hundred\ntwelve of this article or section four hundred forty-eight, five hundred\neight or six hundred six of the retirement and social security law, as\napplicable in the event of the member's subsequent death, and\n (ii) unless such member shall have rendered five years of credited\nservice since last becoming a member of the system, any retirement\nbenefit to which such member may thereafter become entitled shall be\nreduced by the actuarial value of the benefit paid pursuant to paragraph\na of this subdivision (less the actuarial value of any applicable\npost-retirement death benefit which would have been available, but for\nthis paragraph).\n e. The retirement board is authorized to adopt such rules and\nregulations as it may deem necessary to implement the provisions of this\nsubdivision.\n