N.Y. Retirement & Social Security Law § 374: Procedure for retirement

§ 374. Procedure for retirement. a. Every application for a retirement

allowance or other benefit provided by this article shall be executed

and filed with the comptroller. Each such application shall contain such

information as the comptroller shall deem necessary.

b. The comptroller shall have exclusive authority to determine all

applications for any form of retirement or benefit provided for in this

article. He shall examine into the facts of each such application, and

to that end, shall have full power and authority to:

1. Employ experts and specialists, and

2. Require the attendance of the applicant and other witnesses, and

3. Require the production of all books, papers, documents and other

records pertaining to such inquiry, and

4. Administer oaths and take testimony.

The comptroller shall have the power to issue subpoenas, under his hand,

returnable anywhere in the state. Any such subpoena shall be served in

the same manner and have the same force and effect as a subpoena issued

in an action pending in the supreme court.

c. After making his determination on any application the comptroller

forthwith shall mail a written notice thereof to the applicant. Such

notice shall be mailed to the address given in such application.

d. At any time within four months after the mailing of such notice,

the applicant or his counsel may serve a written demand upon the

comptroller for a hearing and redetermination of such application. After

the service of such demand, the comptroller shall hold a hearing upon

such application at which the applicant may be represented by counsel.

The comptroller shall have the same power upon such hearing as upon the

original application. After such hearing the comptroller shall make his

final determination. A copy thereof shall be mailed to the applicant and

his counsel, if any. Such final determination shall be subject to review

only as provided in article seventy-eight of the civil practice law and

rules.

e. To aid him in passing upon applications for retirement, the

comptroller shall use the medical board appointed pursuant to the

provisions of section seventy-four of this chapter. Such medical board

shall:

1. Arrange for and pass upon all medical examinations required or

allowed under the provisions of this article, and

2. Have full power and authority to investigate statements and

certificates submitted by or on behalf of a claimant in connection with

any application for accidental death benefit, disability retirement or

restoration to service thereafter, and

3. Have full power and authority to administer oaths and require sworn

statements and testimony with respect to matters under its jurisdiction.

The comptroller may designate other doctors to conduct the medical

examination required or allowed hereunder. The medical board, in any

case in which it shall deem it advisable, may require any such doctor to

conduct any such examination and to report in writing his findings

thereon to the medical board. The medical board shall thereupon consider

such report. Upon completion of its examination in investigation and

after the consideration of the report, if any, of any such other doctor,

the medical board shall submit to the comptroller a report of its

findings and proceedings which shall include the report, if any, of such

other doctor. The report of the medical board shall be admissible in

evidence upon any hearing before the comptroller or in connection with

any examination or investigation conducted by him pursuant to this

article.

f. The comptroller, in any particular case, may designate one of his

deputies or any other person to perform the duties imposed upon him by

this section.

g. In connection with the proceedings authorized by this section the

comptroller shall not be bound by common law or statutory rules of

evidence, or by technical or formal rules of procedure.