New York Codes, Rules and Regulations
Title 2 - DEPARTMENT OF AUDIT AND CONTROL
Chapter VI - New York State and Local Employees' Retirement System and New York State and Local Police and Fire Retirement System
Part 309 - Application For Retirement Benefits While On An Authorized Leave Of Absence Without Pay For Medical Reasons Or While Receiving Benefits Payments From Either Workers' Compensation Or Other Employer-funded Disability Programs
Section 309.5 - Application for retirement benefits while on an authorized leave of absence without pay for medical reasons or while receiving benefit payments from either workers' compensation or other employer-funded disability programs
Current through Register Vol. 46, No. 12, March 20, 2024
For purposes of filing an application for the disability retirement benefits provided by sections 62, 63, 362, 363, 363-b, 363-c, 506 and 507 of the Retirement and Social Security Law, a member of the New York State Employees' Retirement System or the New York State Policemen's and Firemen's Retirement System shall be deemed to be in service upon which membership is based:
(a) while on an authorized leave of absence without pay, granted for medical reasons, which has continuously been in effect since the member was last paid on the payroll; or
(b) while receiving benefit payments from either Workers' Compensation or other employer-funded disability programs, provided that such member's employment has not terminated by resignation, employer action or any other means, and provided that two years have not elapsed from the last date the member was being paid on the payroll.
Service credit shall not be granted for the period of any such leave of absence without pay. For the purposes of sections 507-a and 605 of the Retirement and Social Security Law, a member of the New York State Employee's Retirement System who is receiving benefit payments from either Workers' Compensation or other employer-funded disability programs, and whose employment has not terminated by resignation, employer action or any other means, shall be considered to be on a leave of absence for medical reasons without pay.
