N.Y. Retirement & Social Security Law § 62: Ordinary disability retirement

§ 62. Ordinary disability retirement. a. Application for an ordinary

disability retirement allowance for a member may be made by:

1. Such member, or

2. The head of the department in which such member is employed, or

3. Some person acting on behalf of and authorized by such member.

aa. At the time of the filing of an application pursuant to this

section, the member must:

1. Have at least ten years of total service credit, and

2. Actually be in service upon which his membership is based, or, have

been discontinued from service, either voluntarily or involuntarily, for

not more than ninety days, providing the member was disabled prior to

such discontinuance.

After the filing of such an application, such member shall be given one

or more medical examinations. If the comptroller determines that the

member is physically or mentally incapacitated for the performance of

duty and ought to be retired for ordinary disability, he shall be so

retired. Such retirement shall be effective as of a date approved by the

comptroller.

b. Upon retirement for ordinary disability one of the following

retirement allowances shall be payable:

1. If the member has attained age sixty when such retirement becomes

effective, his or her retirement allowance shall be equal to that which

he or she would receive in the case of superannuation retirement, unless

the member is enrolled in a plan provided under section seventy-a,

seventy-one-a or seventy-five of this article, in which case the benefit

shall be calculated in the manner described in clause two of

subparagraph (c) of paragraph two of this subdivision.

2. If the member has not attained age sixty when such retirement

becomes effective, his retirement allowance shall consist of:

(a) An annuity which shall be the actuarial equivalent of his

accumulated contributions at the time of his retirement, plus

(b) A pension which is the actuarial equivalent of the

reserve-for-increased-take-home-pay to which he may then be entitled, if

any, plus

(c) A pension computed in accordance with whichever of the following

provides the greater benefit:

(1) A pension which, together with the member's annuity and the

pension-providing-for-increased-take-home-pay, if any, shall equal

ninety per centum of one-seventieth of his final average salary

multiplied by the number of years of his total service credit which

formula shall be used only if the retirement allowance so computed

exceeds one-quarter of his final average salary.

If the retirement allowance so computed shall amount to one-quarter or

less of the member's final average salary, his pension shall be computed

upon the basis of the total service which he would have rendered if he

continued in service until he attained age sixty so far as the resulting

retirement allowance computed by resort to this formula shall not exceed

one-quarter of the member's final average salary.

(2) A pension which together with the member's annuity and the

pension-providing-for-increased-take-home-pay, if any, shall equal

one-sixtieth of his final average salary multiplied by the number of

years of his total service credit, which formula shall be used only if

the retirement allowance so computed exceeds one-third of his final

average salary. If the retirement allowance so computed shall amount to

one-third or less of the member's final average salary, his pension

shall be computed upon the basis of the total service which he would

have rendered if he continued in service until he attained age sixty so

far as the resulting retirement allowance computed by resort to this

formula shall not exceed one-third of the member's final average salary.

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

nineteen hundred seventy-three, the provisions of this item (2) shall

apply only to those who file an application for ordinary disability

retirement with the comptroller prior to July first, nineteen hundred

seventy-four.

For the purpose only of determining the amount of a pension pursuant

to any of the above formulae, the annuity shall be computed as it would

be:

(aa) If not reduced by the actuarial equivalent of any outstanding

loan, and

(bb) If not increased by the actuarial equivalent of any additional

contributions, and

(cc) If not reduced by reason of the member's election to decrease his

annuity contributions to the retirement system in order to apply the

amount of such reduction in payment of his contributions for old-age and

survivors insurance coverage.

c. If the member, at the time of the filing of an application under

the provisions of subdivision a hereof, is eligible for a service

retirement benefit, then and in that event, he may simultaneously file

an application for service retirement in accordance with the provisions

of section seventy of this chapter, provided that the member indicates

on the application for service retirement that such application is filed

without prejudice to the application for ordinary disability retirement.

d. An application for an ordinary disability retirement allowance may

be filed, as otherwise provided herein, simultaneously with or after the

filing of an application for an accidental disability retirement

allowance, providing a member meets the requirements of this section. If

the comptroller shall grant the application for an accidental disability

retirement allowance and the application for an ordinary disability

retirement allowance, the accidental disability retirement allowance

shall become payable unless the applicant files a timely written request

with the comptroller to receive the ordinary disability retirement

allowance in lieu of the accidental disability retirement allowance, in

which case the ordinary disability retirement allowance shall become

payable. To become effective, such written request must be filed with

the comptroller within thirty days following notification that the

applications for ordinary disability retirement and accidental

disability retirement have both been granted.