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 336 - Disability Retirement For Members Under Article 14 Of The Retirement And Social Security Law
Section 336.1 - Background

(a) The Supreme Court, Albany County, has determined that ordinary disability and accidental disability benefits provided under sections 506 and 507, respectively, of the Retirement and Social Security Law, shall remain available to individuals who joined or rejoined the New York State Employees' Retirement System on or between July 27, 1976 and August 31, 1983, and who otherwise meet the eligibility requirements provided in those sections. These benefits shall also be available to individuals who joined or rejoined the New York State Police and Fire Retirement System on or between July 1, 2009 and January 9, 2010, and who have not elected to be covered by the provisions of article 22 by electing such retirement coverage within the time period as specified in section 1205 of the Retirement and Social Security Law, and who otherwise meet the eligibility requirements provided in those sections.

(b) Section 507-a of the Retirement and Social Security Law (chapter 452 of the Laws of 1983), which became effective September 1, 1983, is the sole disability retirement benefit applicable to members of the uniformed personnel in the institutions under the jurisdiction of the Department of Correctional Services of New York State, as defined in subdivision (h) of section 89 of the Retirement and Social Security Law, who joined or rejoin the New York State Employees' Retirement System, on or subsequent to September 1, 1983. Section 507-a also applies to disability retirements of such members of the uniformed personnel who join or rejoin the New York State Employees' Retirement System on or subsequent to July 27, 1976.

(c) Section 519 of the Retirement and Social Security Law authorizes the Comptroller to promulgate regulations pertaining to the implementation of article 14 of the Retirement and Social Security Law. Subdivision (c) of section 507-a authorizes the Comptroller, as head of the New York State Employees' Retirement System, to adopt appropriate procedures for making determinations regarding applications for disability retirement filed by members of that system who are governed by the provisions of article 14 of the Retirement and Social Security Law.

(d) This Part shall set forth the procedures pertaining to disability retirement pursuant to sections 506, 507 and 507-a of the Retirement and Social Security Law.