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 332 - Ordinary Disability Retirement Coverage For Certain Members Of The Division Of State Police
Section 332.1 - Background

Section 363-b of the Retirement and Social Security Law provides disability retirement coverage to members of the Division of State Police in lieu of the coverage provided by sections 362 and 363 of the Retirement and Social Security Law. Section 363-b(b)(2)(b) requires five years of service in the Division of State Police as a condition precedent of eligibility for nonservice-connected disability coverage.

Certain members transfer to the Division of State Police from other member police service. Those members may have 10 years of service credit which makes them eligible for ordinary disability retirement coverage under section 362 of the Retirement and Social Security Law, or they may, within five years of joining the State Police, attain such eligibility.

Section 5 of Article 7 of the State Constitution establishes a contractual relationship for retirement benefits and provides that no such benefit may be diminished. The application of section 363-b to persons with less than five years of service in the Division of State Police often deprives members of benefits for which they were otherwise qualified.

This Part is promulgated to insure that those members of the Division of State Police who were otherwise eligible for ordinary disability retirement coverage prior to their transfer to the Division of State Police or during their first five years of service in the Division of State Police, retain eligibility for ordinary disability retirement coverage pursuant to the provisions of section 362 of the Retirement and Social Security Law until they have accumulated five years of total service credit in the division, provided they remain in service.