N.Y. Education Law § 511: Disability retirement

§ 511. Disability retirement. 1. Retirement on account of disability

shall be made under the following conditions: A member who has completed

at least fifteen years of total state service or a member who is a

present teacher and who has completed twenty years of service, the last

ten of which were state service, may be retired on account of disability

either upon the application of his employer or upon his own application

or that of a person acting in his behalf, if the retirement board, after

a medical examination of said member by a physician or physicians

designated by said board shall determine upon the basis of a report

submitted by said physician or physicians that the said member is

physically or mentally incapacitated for the performance of duty, that

he was incapacitated at the time he ceased teaching and that said member

ought to be retired.

2. On retirement for disability, a member shall receive a

superannuation retirement allowance if his state service is twenty-five

or more years and he has attained age sixty or if his total service is

thirty-five or more years; otherwise, he shall receive a disability

retirement allowance which shall consist of:

a. An annuity which shall be the actuarial equivalent of his

accumulated contributions at the time of his retirement; and

b. A pension of one-fifth (1/5) of his final average salary, with the

exception that in no case shall the rate of such pension exceed

four-fifths (4/5) of the rate of pension to which he might have been

entitled had retirement been deferred until the age of seventy as

provided under paragraph b of subdivision one of section five hundred

ten; and

c. If he be a present teacher, a further pension of one one-hundred

fortieth (1/140) of his final average salary multiplied by the number of

years of total service certified on his prior service certificate, and

d. If the member has contributed pursuant to paragraph c of

subdivision three of section five hundred sixteen, a pension, in lieu of

the pension provided under paragraph b of subdivision two of this

section, of nine-tenths (9/10) of one one-hundredth (1/100) of his final

average salary multiplied by the number of years of total service not in

excess of twenty-five years, but not less than twenty (20) per centum of

his final average salary, plus nine-tenths (9/10) of one one-hundred

twentieth (1/120) of his final average salary multiplied by the number

of years of total service in excess of twenty-five years but not in

excess of thirty-five years, nor in excess of the number of years for

which credit is allowed under paragraph d of subdivision three of

section five hundred sixteen.

3. On and after July first, nineteen hundred seventy, a member who has

credit for ten years of full time state service, including at least two

years of such service rendered subsequent to June thirtieth, nineteen

hundred sixty-seven and subsequent to the date upon which he last joined

the retirement system and who is under age fifty-five, and otherwise

meets the requirements of subdivision one of this section, may be

retired on account of disability by the filing of an application with

the retirement board as required by subdivision one of this section.

Upon such retirement, he shall receive, in lieu of the retirement

allowance specified in subdivision two of this section and the pension

for increased-take-home-pay otherwise authorized in this article, a

disability retirement pension consisting of:

a. a pension of one-sixtieth of his final average salary multiplied by

the number of his years of credited state service rendered after June

thirtieth, nineteen hundred fifty-nine and

b. a pension of one-seventieth of his final average salary multiplied

by the number of his years of credited state service rendered before

July first, nineteen hundred fifty-nine and

c. a pension of one one-hundred twentieth of his final average salary

multiplied by the number of his years of credited out-of-state service.

In no event shall the disability pension be less than one-sixtieth of

the member's final average salary multiplied by the number of years of

total service, not to exceed twenty, which would have been credited to

the member had he remained in service until age sixty; provided,

however, that for members who are credited with service prior to July

first, nineteen hundred fifty-nine, the minimum pension as so determined

shall be reduced by one quarter of one per cent of final average salary

multiplied by the number of his years of service prior to July first,

nineteen hundred fifty-nine.

On retirement for disability, in addition to the pension hereinabove

provided, a member shall receive an annuity which shall be the actuarial

equivalent of his accumulated contributions at the time of his

retirement.

On and after July first, nineteen hundred seventy-seven, a member who

is age fifty-five or over and who otherwise meets the requirements of

this subdivision, shall receive on retirement for disability the

retirement allowance he would have received had he filed for a service

retirement.

On or after October sixteenth, nineteen hundred ninety-two, the

disability pension shall in no event be less than:

a. in the case of a member under age sixty, the greater of (i)

one-sixtieth of the member's final average salary multiplied by the

number of years of total service, which formula is to be used if the

pension so computed exceeds one-third of the member's final average

salary, or (ii) one-sixtieth of the member's final average salary

multiplied by the number of years of total service, not to exceed

twenty, which would have been credited to the member had he remained in

service until age sixty; or

b. in the case of a member age sixty or over, one-sixtieth of the

member's final average salary multiplied by the number of years of total

service.

Notwithstanding anything to the contrary in this article, any member

who shall receive a disability retirement allowance pursuant to this

subdivision shall be required once each year or at such other interval

as the retirement board may determine to undergo a medical examination

by a physician or physicians designated by the retirement board. Should

any disability beneficiary refuse to submit to a medical examination,

his retirement allowance shall be discontinued until his withdrawal of

such refusal, and should refusal continue for one year all rights in and

to his pension shall be forfeited.

In the case of persons who last became members on or after July first,

nineteen hundred seventy-three, the provisions of this subdivision shall

apply only until July first, nineteen hundred seventy-four.

4. Once each year or at such other interval as the retirement board

may determine, following the retirement of a teacher who joined the New

York state teachers retirement system on or after July first, nineteen

hundred sixty-one, on a disability allowance, or once each year during

the first five years following the retirement of the teacher who joined

the New York state teachers retirement system prior to July first,

nineteen hundred sixty-one, on a disability allowance the retirement

board may, and upon his application shall, require any disability

beneficiary to undergo medical examination by a physician or physicians

designated by the retirement board. Should any disability beneficiary

refuse to submit to a medical examination, his retirement allowance

shall be discontinued until his withdrawal of such refusal, and should

such refusal continue for one year, all his rights in and to his pension

shall be forfeited.

5. Should the physician or physicians designated by the retirement

board report and certify to the retirement board that such disability

beneficiary is engaged in or is able to engage in a gainful occupation

paying more than the difference between his retirement allowance and his

final average salary, and should the retirement board concur in such

report, then the amount of his pension shall be reduced to an amount

which, when added to the amount earnable by him, together with his

annuity shall equal the amount of his final average salary. Should his

earning capacity be later changed, then the amount of his pension may be

further altered; provided, that the new pension shall not exceed the

amount of the pension originally granted nor an amount which when added

to the amount earned by the beneficiary, together with his annuity

equals the amount of his final average salary. A beneficiary restored to

active service at a salary less than the final average salary or upon

the basis of which he was retired shall not become a member of the

retirement system while receiving a reduced pension. Notwithstanding any

other provision of this article, the term "final average salary" as used

in this subdivision four, shall mean either "final average salary" as

defined by subdivision eleven of section five hundred one, or the

maximum salary or compensation which the retired member currently would

be receiving in the position from which he was last retired for

disability, if he had not been so retired, whichever is greater,

provided, however, that if the position from which he was so retired has

been abolished, the retirement board, upon the basis of salary or

compensation currently paid by the retired member's last employer to

persons in similar or comparable position, shall determine, for the

purposes of this subdivision four, the maximum amount of salary or

compensation which such retired member currently would be receiving in

such position.

6. Should a disability beneficiary be restored to active service at a

salary as great as his final average salary, his retirement allowance

shall cease, and he shall again become a member of the retirement

system, and his annuity reserve shall be transferred from the annuity

reserve fund to the annuity savings fund and credited to his individual

account as a part of his accumulated contributions in the latter fund,

and he shall contribute to the said fund thereafter in the same manner

and at the same rate as he paid prior to his disability. His prior

service certificate on the basis of which his service was computed at

the time of his retirement shall be renewed and shall again be in full

force and effect, and in addition, upon his subsequent retirement, he

shall be credited with all his service as a member subsequent to the

period covered by his prior service certificate.

7. The retirement board shall adopt appropriate rules and regulations

providing for the reimbursement of reasonable expenses actually incurred

by a member in attending medical examinations by physicians designated

by the retirement board pursuant to this section. After determining the

reasonableness thereof, the retirement board shall approve payment of

such expenses from the expense fund.

8. a. Notwithstanding any other provision of law to the contrary, a

member who has applied for disability retirement pursuant to this

section, or, in the case of a member subject to article fifteen of the

retirement and social security law, pursuant to section six hundred five

of such law and has validly elected the applicable optional allowance

specified in paragraph e of this subdivision and is otherwise eligible

to retire for disability pursuant to the provisions of this section

shall be entitled to the benefits of this subdivision in lieu of any

pre-retirement death benefit which otherwise would have been payable,

but for the operation of this subdivision. Such member shall be deemed

to have elected the benefits of this subdivision unless the member shall

have indicated in a manner prescribed by the retirement board that the

member does not wish to avail himself of such benefits.

b. In the event such member dies, and such application for disability

retirement has not become effective and has not been rejected, and it is

determined by the retirement board, upon recommendation of the medical

board, that the physical or mental incapacitation specified in such

application was directly related to the cause of the member's death,

such application shall be deemed approved by the retirement board,

effective one day prior to the date of the member's death. In such

event, the optional allowance elected by such member shall be effective

and no pre-retirement death benefit shall be payable.

c. In the event no optional allowance specified in paragraph e of this

subdivision was elected by the member, or it is determined by the

retirement board, upon recommendation of the medical board, that the

physical or mental incapacitation specified in such application was not

directly related to the cause of the member's death, this subdivision

shall not apply and the applicable pre-retirement death benefit, if any,

shall be payable.

d. If a member satisfying the provisions of paragraph a of this

subdivision is, at the time the member files an application for

disability retirement, eligible to retire for service under this

article, the member may simultaneously apply for service retirement,

provided the member indicates the application for disability retirement

is without prejudice to the member's application for service retirement.

Upon retirement for service, the member's application for disability

retirement shall be deemed cancelled.

e. An eligible optional allowance for the purposes of this subdivision

shall only include Option one and Option four pursuant to section five

hundred thirteen of this article in the case of a member who has applied

for disability retirement pursuant to this section, and the Alternative

Option pursuant to subdivision a-one of section six hundred ten of the

retirement and social security law in the case of a member who has

applied for disability retirement pursuant to section six hundred five

of such law, provided that in the case of Option four and the

Alternative Option, the optional allowance elected by the member must

provide only for the payment upon the member's death of a lump sum and

such lump sum must be greater in amount than the amount of the death

benefit, if any, which would have been paid but for the operation of

this subdivision.

f. The retirement board is authorized to adopt such rules and

regulations as it deems necessary to implement the provisions of this

section.

9. a. Any law to the contrary notwithstanding, a member who satisfies

the requirements of paragraph b of this subdivision and is otherwise

eligible (disregarding any service requirement) to retire for disability

pursuant to this section or section five hundred six or six hundred five

of the retirement and social security law, as applicable, may elect to

receive a benefit equal to the death benefit which would have been paid,

had such member died on the member's last day on the payroll in full pay

status, pursuant to section five hundred twelve of this article or

section four hundred forty-eight, five hundred eight or six hundred six

of the retirement and social security law, as applicable.

b. To be eligible for the benefit provided in paragraph a of this

subdivision, a member must have been determined by the system to have

(i) a terminal illness resulting in a life expectancy of no more than

twelve months, or (ii) a medical condition of a long continued and

indefinite duration requiring extraordinary care or treatment regardless

of life expectancy.

c. The benefit provided in paragraph a of this subdivision shall be in

lieu of any disability benefit to which the member may otherwise be

entitled. A member who is otherwise eligible to retire for disability

must elect the benefit provided in paragraph a of this subdivision no

later than the thirtieth day following the day on which (i) the system

notifies the member that the member has been retired for disability, or

(ii) the member is first eligible to commence receiving a disability

retirement benefit, whichever is later. Such election, when made, shall

be irrevocable.

d. Except as provided in this paragraph, a member electing the benefit

provided in paragraph a of this subdivision shall for all purposes be

deemed to have been retired for disability. Notwithstanding the

foregoing, should a member who has elected the benefit provided in

paragraph a of this subdivision thereafter be restored to active service

and again become a member of the system,

(i) no death benefit shall be payable pursuant to section five hundred

twelve of this article or section four hundred forty-eight, five hundred

eight or six hundred six of the retirement and social security law, as

applicable in the event of the member's subsequent death, and

(ii) unless such member shall have rendered five years of credited

service since last becoming a member of the system, any retirement

benefit to which such member may thereafter become entitled shall be

reduced by the actuarial value of the benefit paid pursuant to paragraph

a of this subdivision (less the actuarial value of any applicable

post-retirement death benefit which would have been available, but for

this paragraph).

e. The retirement board is authorized to adopt such rules and

regulations as it may deem necessary to implement the provisions of this

subdivision.