N.Y. Retirement & Social Security Law § 506: Ordinary disability benefits

§ 506. Ordinary disability benefits. a. A member in active service

who is not eligible for a normal retirement benefit shall, upon

completing five years or more of service, be eligible for the ordinary

disability benefit described in subdivision b of this section if such

member has been determined to be eligible for primary social security

disability benefits; provided, however, that no member of the New York

state teachers' retirement system, the New York city employees'

retirement system, the New York city board of education retirement

system, the New York city teachers' retirement system or the New York

state and local employees' retirement system who is otherwise eligible

for ordinary disability benefits pursuant to this section shall be

deemed to be ineligible for such benefits because such member is

eligible for a normal service retirement benefit.

b. The ordinary disability benefit hereunder shall be a pension equal

to the greater of (i) thirty-three and one-third percent of final

average salary, or (ii) two percent of final average salary times years

of credited service not in excess of the maximum years of service for

computing service retirement, such benefit in each case to be reduced by

fifty percent of the primary social security disability benefit as

provided in section five hundred eleven and one hundred percent of any

workmen's compensation benefits payable.

c. For the purpose of applying the five year service eligibility

requirement in subdivision a of this section, service shall mean all

credited service rendered since a member last joined a public retirement

system. Provided however, if the member had been in active public

service prior to joining the system involved, all continuous public

service immediately prior to the date of membership shall be counted

toward the five year service requirement. For the purpose of this

subdivision, continuous public service shall mean service during a

period in which an employee was not off the payroll of a public employer

for more than thirty days.

c-1. Notwithstanding any inconsistent provision of subdivision a or b

of this section, the ordinary disability benefit for a New York city

enhanced plan member in active service who is not eligible for a normal

retirement benefit, has completed five years or more of service, and has

been determined to be eligible for primary social security disability

benefits shall be a pension equal to the greater of (i) thirty-three and

one-third percent of final average salary, or (ii) two percent of final

average salary times years of credited service not in excess of the

maximum years of service for computing service retirement, such benefit

in each case to be reduced by one hundred percent of any workers'

compensation benefits payable.

c-2. Notwithstanding any inconsistent provision of subdivision a, b or

c-1 of this section, the ordinary disability benefit for a New York city

enhanced plan member in the New York city fire department shall not be

conditioned upon eligibility for, or upon receipt of, primary social

security disability benefits.

d. The provisions of subdivisions d, e, f and g of section five

hundred seven of this chapter shall apply to disability benefits under

this section.