§ 362 — Ordinary disability retirement

§ 362. Ordinary disability retirement. a. Application for an ordinary\ndisability retirement allowance for a member may be made by:\n 1. Such member, or\n 2. The head of the department in which such member is employed, or\n 3. Some person acting on behalf of and authorized by such member.\n aa. At the time of the filing of an application pursuant to this\nsection, the member must:\n 1. Have at least ten years of total service credit, and\n 2. Actually be in service upon which his membership is based, or, have\nbeen discontinued from service, either voluntarily or involuntarily, for\nnot more than ninety days, providing the member was disabled prior to\nsuch discontinuance.\nAfter the filing of such an application, such member shall be given one\nor more medical examinations. If the comptroller determines that the\nmember is physically or mentally incapacitated for the performance of\nduty and ought to be retired for ordinary disability, he shall be so\nretired. Such retirement shall be effective as of a date approved by the\ncomptroller.\n b. Upon retirement for ordinary disability one of the following\nretirement allowances shall be payable:\n 1. If a member has attained age sixty when such retirement becomes\neffective, his or her retirement allowance shall be equal to that which\nhe or she would receive in the case of superannuation retirement, unless\nthe member is enrolled in a plan provided under section three hundred\nseventy-a, three hundred seventy-one-a or three hundred seventy-five of\nthis article, in which case the benefit shall be calculated in the\nmanner described in clause two of subparagraph (c) of paragraph two of\nthis subdivision.\n 2. If the member has not attained age sixty when such retirement\nbecomes effective, his retirement allowance shall consist of:\n (a) An annuity which shall be the actuarial equivalent of his\naccumulated contributions at the time of his retirement, plus\n (b) A pension which is the actuarial equivalent of the\nreserve-for-increased-take-home-pay to which he may then be entitled, if\nany, plus\n (c) A pension computed in accordance with whichever of the following\nprovides the greater benefit:\n (1) A pension which, together with the member's annuity and the\npension-providing-for-increased-take-home-pay, if any, shall equal\nninety per centum of one-seventieth of his final average salary\nmultiplied by the number of years of his total service credit, which\nformula shall be used only if the retirement allowance so computed\nexceeds one-quarter of his final average salary.\n If the retirement allowance so computed shall amount to one-quarter or\nless of the member's final average salary, his pension shall be computed\nupon the basis of the total service which he would have rendered if he\ncontinued in service until he attained age sixty so far as the resulting\nretirement allowance computed by resort to this formula shall not exceed\none-quarter of the member's final average salary.\n (2) A pension which together with the member's annuity and the\npension-providing-for-increased-take-home-pay, if any, shall equal\none-sixtieth of his final average salary multiplied by the number of\nyears of his total service credit, which formula shall be used only if\nthe retirement allowance so computed exceeds one-third of his final\naverage salary. If the retirement allowance so computed shall amount to\none-third or less of the member's final average salary, his pension\nshall be computed upon the basis of the total service which he would\nhave rendered if he continued in service until he attained age sixty so\nfar as the resulting retirement allowance computed by resort to this\nformula shall not exceed one-third of the member's final average salary.\nIn the case of persons who last became members on or after July first,\nnineteen hundred seventy-three, the provisions of this item (2) shall\napply only to those who file an application for ordinary disability\nretirement with the comptroller prior to July first, nineteen hundred\nseventy-four.\nFor the purpose only of determining the amount of a pension pursuant to\nany of the above formulae, the annuity shall be computed as it would be:\n (aa) If not reduced by the actuarial equivalent of any outstanding\nloan, and\n (bb) If not increased by the actuarial equivalent of any additional\ncontributions, and\n (cc) If not reduced by reason of the member's election to decrease his\nor her annuity contributions to the police and fire retirement system in\norder to apply the amount of such reduction in payment of his or her\ncontributions for old-age and survivors insurance coverage.\n c. If the member, at the time of the filing of an application under\nthe provisions of subdivision a hereof, is eligible for a service\nretirement benefit, then and in that event, he may simultaneously file\nan application for service retirement in accordance with the provisions\nof section three hundred seventy of this chapter, provided that the\nmember indicates on the application for service retirement that such\napplication is filed without prejudice to the application for ordinary\ndisability retirement.\n d. An application for an ordinary disability retirement allowance may\nbe filed, as otherwise provided herein, simultaneously with or after the\nfiling of an application for an accidental disability retirement\nallowance, providing a member meets the requirements of this section. If\nthe comptroller shall grant the application for an accidental disability\nretirement allowance and the application for an ordinary disability\nretirement allowance, the accidental disability retirement allowance\nshall become payable unless the applicant files a timely written request\nwith the comptroller to receive the ordinary disability retirement\nallowance in lieu of the accidental disability retirement allowance, in\nwhich case the ordinary disability retirement allowance shall become\npayable. To become effective, such written request must be filed with\nthe comptroller within thirty days following notification that the\napplications for ordinary disability retirement and accidental\ndisability retirement have both been granted.\n