§ 74 — Procedure for retirement

New York § 74

• Jurisdiction: New York
• Law RSS: Retirement & Social Security
• Title 8: General Provisions Relating to Retirement; Retirement Plans Applicable to Members Generally
• Art. 2: New York State Employees' Retirement System

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§ 74. Procedure for retirement. a. Every application for a retirement\nallowance or other benefit provided by this article shall be executed\nand filed with the comptroller. Each such application shall contain such\ninformation as the comptroller shall deem necessary.\n b. The comptroller shall have exclusive authority to determine all\napplications for any form of retirement or benefit provided for in this\narticle. He shall examine into the facts of each such application, and\nto that end, shall have full power and authority to:\n 1. Employ experts and specialists, and\n 2. Require the attendance of the applicant and other witnesses, and\n 3. Require the production of all books, papers, documents and other\nrecords pertaining to such inquiry, and\n 4. Administer oaths and take testimony.\nThe comptroller shall have the power to issue subpoenas, under his hand,\nreturnable anywhere in the state. Any such subpoena shall be served in\nthe same manner and have the same force and effect as a subpoena issued\nin an action pending in the supreme court.\n c. After making his determination on any application the comptroller\nforthwith shall mail a written notice thereof to the applicant. Such\nnotice shall be mailed to the address given in such application.\n d. At any time within four months after the mailing of such notice,\nthe applicant or his counsel may serve a written demand upon the\ncomptroller for a hearing and redetermination of such application. After\nthe service of such demand, the comptroller shall hold a hearing upon\nsuch application at which the applicant may be represented by counsel.\nThe comptroller shall have the same powers upon such hearing as upon the\noriginal application. After such hearing the comptroller shall make his\nfinal determination. A copy thereof shall be mailed to the applicant and\nhis counsel, if any. Such final determination shall be subject to review\nonly as provided in article seventy-eight of the civil practice law and\nrules.\n e. To aid him in passing upon applications for retirement, the\ncomptroller shall appoint a medical board consisting of not less than\nfive physicians who shall hold office at his pleasure. Such medical\nboard shall:\n 1. Arrange for and pass upon all medical examinations required or\nallowed under the provisions of this article, and\n 2. Have full power and authority to investigate statements and\ncertificates submitted by or on behalf of a claimant in connection with\nany application for accidental death benefit, disability retirement or\nrestoration to service thereafter, and\n 3. Have full power and authority to administer oaths and require sworn\nstatements and testimony with respect to matters under its jurisdiction.\nThe comptroller may designate other doctors to conduct the medical\nexamination required or allowed hereunder. The medical board, in any\ncase in which it shall deem it advisable, may require any such doctor to\nconduct any such examination and to report in writing his findings\nthereon to the medical board. The medical board shall thereupon consider\nsuch report. Upon completion of its examination and investigation and\nafter the consideration of the report, if any, of any such other doctor,\nthe medical board shall submit to the comptroller a report of its\nfindings and proceedings which shall include the report, if any, of such\nother doctor. The report of the medical board shall be admissible in\nevidence upon any hearing before the comptroller or in connection with\nany examination or investigation conducted by him pursuant to this\narticle.\n f. The comptroller, in any particular case, may designate one of his\ndeputies or any other person to perform the duties imposed upon him by\nthis section.\n g. In connection with the proceedings authorized by this section the\ncomptroller shall not be bound by common law or statutory rules of\nevidence, or by technical or formal rules of procedure.\n