§ 102 — Recovery of disability beneficiaries

§ 102. Recovery of disability beneficiaries. a. Once each year\nfollowing the retirement of a member on a disability allowance, the\ncomptroller may, and, upon the beneficiary's application, shall require\nsuch disability beneficiary to undergo a medical examination. Such\nexamination shall be made at the place of residence of such beneficiary,\nor at any other place mutually agreed upon by the comptroller and such\nbeneficiary. In the event that any such disability beneficiary shall\nrefuse to submit to a medical examination, the pension portion of his\nretirement allowance, including the\npension-providing-for-increased-take-home-pay, shall be discontinued\nuntil his withdrawal of such refusal. If such refusal shall continue for\none year, all his rights in and to his pension shall be forfeited.\n b. The pension, including the pension-providing-for-increased-take-\nhome-pay, of a disability beneficiary shall be reduced in the event that\nany such disability beneficiary is engaged in a gainful occupation\npaying more than the difference between his retirement allowance, as it\nwould be without optional modification and if not reduced by the\nactuarial equivalent of any outstanding loan and if not increased by the\nactuarial equivalent of any additional contributions, and his final\nsalary. Such reduction shall be to a sum which, when added to an\nannuity, as so computed, plus the amount so earnable by him, shall equal\nhis final salary. If his earning capacity thereafter changes, his\npension may be further altered. Any such altered pension shall not\nexceed:\n 1. The pension, including the pension-providing-for-increased-take-\nhome-pay, originally granted to such beneficiary, nor\n 2. An amount which, when added to an annuity, as so computed, plus the\nsum earned by him, shall equal his final salary.\n In the case where an optional benefit has been selected, such\nreduction shall be the same as the reduction would have been without\noptional modification. Where such reduction is greater than the pension,\nincluding the pension-providing-for-increased-take-home-pay, payable\nunder the option selected, the excess may be paid by the pensioner into\nthe funds of the system, in which case the benefit due under the option\nshall be paid as if no reduction had occurred. If such excess is not\npaid by the pensioner, the benefit otherwise due under the option shall\nbe reduced by the actuarial equivalent of such excess. In no event shall\nthe payment to the funds be greater than the difference between the\npension, including the pension-providing-for-increased-take-home-pay,\nwithout optional modification and the pension, including the pension-\nproviding-for-increased-take-home-pay, under the option selected. The\npension, including the pension-providing-for-increased-take-home-pay of\na disability pensioner, shall not be reduced after he has attained the\nmandatory retirement age applicable to him or shall have attained the\nage or performed the period of service specified by applicable law for\neligibility for a service retirement benefit.\n c. In the event that the comptroller shall determine that a disability\nbeneficiary is able to engage in a gainful occupation, he shall, if such\nbeneficiary so requires, certify the name of such beneficiary to the\nstate civil service department or appropriate civil service commission.\nThe state civil service department or such municipal commission shall\nplace the name of such beneficiary, as a preferred eligible, on the\nappropriate eligible lists prepared by it for positions for which such\nbeneficiary is stated to be qualified in a salary grade not exceeding\nthat from which he was last retired. If any such beneficiary shall be\noffered a position as a result of the placing of his name on any such\ncivil service list, the amount of his disability pension, including the\npension-providing-for-increased-take-home-pay, shall be reduced. Such\nreduction shall be to an amount which, when added to the amount earned\nor earnable by him in such position, shall not exceed his final salary.\nA disability beneficiary restored to active service shall not be\neligible to membership in the retirement system so long as he receives\nany pension, including the\npension-providing-for-increased-take-home-pay.\n d. In the event that a disability beneficiary is restored to active\nservice of an employer, at a salary equal to or in excess of his final\nsalary, his retirement allowance shall cease. Such person thereupon\nagain shall become a member of the retirement system. He thereafter\nshall contribute to the retirement system in the same manner as and at\nthe same rate that he paid prior to his disability retirement. The total\nservice credit, to which he was entitled at the time of such retirement,\nagain shall be credited to him. Upon his subsequent retirement, he shall\nbe credited, in addition, with all member service earned by him\nsubsequent to his last restoration to membership.\n e. In the event that a disability retiree is restored to active\nservice of an employer, at a salary less than his final salary but equal\nto or in excess of the current minimum salary for the position from\nwhich he was last retired for disability, such person, if he so elects,\nshall again become a member of the retirement system and his retirement\nallowance shall cease. He thereafter shall contribute to the retirement\nsystem in the same manner as and at the same rate that he paid prior to\nhis disability retirement. The total service credit, to which he was\nentitled at the time of such retirement, again shall be credited to him.\nUpon his subsequent retirement, he shall be credited, in addition, with\nall member service earned by him subsequent to his last restoration to\nmembership.\n e-1. Notwithstanding any other provision of this section or any other\nprovision of law, a retiree of any New York state police or fire\nretirement system on a disability allowance who returns to gainful\nemployment as an elected public official shall continue to receive the\nfull amount of his or her retirement allowance, including the\npension-providing-for-increased-take-home-pay.\n f. Notwithstanding any other provision of this article, the term\n"final salary", as used in this section, shall mean the maximum salary\nor compensation which the retired member currently would be receiving in\nthe position next higher from which he was last retired for disability,\nif he had not been so retired, provided, however, that if the position\nfrom which he was so retired has been abolished, the comptroller, upon\nthe basis of salary or compensation currently paid by the retired\nmember's last employer to persons in similar or comparable positions,\nshall determine, for the purposes of this section, the maximum amount of\nsalary or compensation which such retired member currently would be\nreceiving in such position.\n