§ 507-A — Disability retirement

§ 507-a. Disability retirement. a. Subject to the provisions of\nsubdivision e of this section, application for a disability retirement\nallowance for a member in the uniformed personnel in institutions under\nthe jurisdiction of the department of corrections and community\nsupervision of New York state as defined in subdivision i of section\neighty-nine of this chapter or for a member serving in institutions who\nis also in a title defined in such subdivision and who has made an\nelection pursuant to the provisions of article seventeen of this chapter\nor the New York city department of correction may be made by:\n 1. Such member, or\n 2. The head of the department in which such member is employed.\n b. 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. The application must be filed within three months from the last\ndate the member was being paid on the payroll or within twelve months of\nthe last date he was being paid on the payroll provided he was on a\nleave of absence for medical reasons without pay during such twelve\nmonth period provided the member was disabled at the time he ceased\nbeing paid.\n 3. Provided, however, if the retirement system determines that such\nmember was physically or mentally incapacitated for performance of\ngainful employment as the natural and proximate result of an accident\nnot caused by his own willful negligence sustained in the performance of\nhis duties in active service while actually a member of the retirement\nsystem the requirement that the member should have ten years of credited\nservice shall be inapplicable.\n c. If the retirement system determines that the member is physically\nor mentally incapacitated for the performance of gainful employment, and\nthat he was so incapacitated at the time he ceased his performance of\nduties and ought to be retired for disability, he shall be so retired.\nEach retirement system shall be entitled to adopt appropriate procedures\nfor making the foregoing determination, including but not limited to the\nconducting of medical examinations, if any, for the purpose of\ndetermining initial entitlement of an applicant for disability\nretirement or to continued entitlement to a disability retirement\nallowance. Such retirement shall be effective as of a date approved by\nthe head of the retirement system.\n d. Upon retirement for disability one of the following retirement\nallowances shall be payable:\n 1. In the case of a member of a retirement system other than the New\nYork city employees' retirement system, if the member has attained age\nsixty when such retirement becomes effective, his retirement allowance\nshall be equal to that which he would receive in the case of service\nretirement at normal retirement age based on his credited service but in\nno event shall such retirement allowance exceed the amount he would have\nreceived pursuant to paragraph two of this subdivision.\n 2. In the case of a member of a retirement system other than the New\nYork city employees' retirement system, if the member has not attained\nage sixty when such retirement becomes effective, his retirement\nallowance shall consist of a retirement allowance which shall equal\none-sixtieth of his final average salary multiplied by the number of\nyears of his credited service, which formula shall be used only if the\nretirement allowance so computed exceeds one-third of his final average\nsalary. If the retirement allowance so computed shall amount to\none-third or less of the member's final average salary, his retirement\nallowance shall be computed upon the basis of the total service which he\nwould have rendered if he continued in service until he attained age\nsixty provided that the resulting retirement allowance computed by\nresort to this formula shall not exceed one-third of the member's final\naverage salary.\n 3. In the case of a member of the New York city employees' retirement\nsystem, his retirement allowance shall be equal to the greater of:\n (i) one-third of his final average salary; or\n (ii) one-sixtieth of his final average salary multiplied by the number\nof years of his credited service; provided, however, that where such\nmember is otherwise eligible to retire for service, and the retirement\nallowance which he would receive in the case of service retirement is\nlarger than the retirement allowance he would otherwise receive under\nthis subparagraph or subparagraph (i) of this paragraph, his disability\nretirement allowance pursuant to this paragraph shall be equal to the\nretirement allowance he would receive if he had retired for service.\n e. Notwithstanding the preceding subdivisions of this section to the\ncontrary, this section shall not apply to a member of the uniformed\nforce of the New York city department of correction who is a New York\ncity uniformed correction/sanitation revised plan member.\n