§ 506 — Ordinary disability benefits

§ 506. Ordinary disability benefits. a. A member in active service\nwho is not eligible for a normal retirement benefit shall, upon\ncompleting five years or more of service, be eligible for the ordinary\ndisability benefit described in subdivision b of this section if such\nmember has been determined to be eligible for primary social security\ndisability benefits; provided, however, that no member of the New York\nstate teachers' retirement system, the New York city employees'\nretirement system, the New York city board of education retirement\nsystem, the New York city teachers' retirement system or the New York\nstate and local employees' retirement system who is otherwise eligible\nfor ordinary disability benefits pursuant to this section shall be\ndeemed to be ineligible for such benefits because such member is\neligible for a normal service retirement benefit.\n b. The ordinary disability benefit hereunder shall be a pension equal\nto the greater of (i) thirty-three and one-third percent of final\naverage salary, or (ii) two percent of final average salary times years\nof credited service not in excess of the maximum years of service for\ncomputing service retirement, such benefit in each case to be reduced by\nfifty percent of the primary social security disability benefit as\nprovided in section five hundred eleven and one hundred percent of any\nworkmen's compensation benefits payable.\n c. For the purpose of applying the five year service eligibility\nrequirement in subdivision a of this section, service shall mean all\ncredited service rendered since a member last joined a public retirement\nsystem. Provided however, if the member had been in active public\nservice prior to joining the system involved, all continuous public\nservice immediately prior to the date of membership shall be counted\ntoward the five year service requirement. For the purpose of this\nsubdivision, continuous public service shall mean service during a\nperiod in which an employee was not off the payroll of a public employer\nfor more than thirty days.\n c-1. Notwithstanding any inconsistent provision of subdivision a or b\nof this section, the ordinary disability benefit for a New York city\nenhanced plan member in active service who is not eligible for a normal\nretirement benefit, has completed five years or more of service, and has\nbeen determined to be eligible for primary social security disability\nbenefits shall be a pension equal to the greater of (i) thirty-three and\none-third percent of final average salary, or (ii) two percent of final\naverage salary times years of credited service not in excess of the\nmaximum years of service for computing service retirement, such benefit\nin each case to be reduced by one hundred percent of any workers'\ncompensation benefits payable.\n c-2. Notwithstanding any inconsistent provision of subdivision a, b or\nc-1 of this section, the ordinary disability benefit for a New York city\nenhanced plan member in the New York city fire department shall not be\nconditioned upon eligibility for, or upon receipt of, primary social\nsecurity disability benefits.\n d. The provisions of subdivisions d, e, f and g of section five\nhundred seven of this chapter shall apply to disability benefits under\nthis section.\n