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 337 - Disability Retirement For Members Of The New York State And Local Employees' Retirement System Under Article 15 Of The Retirement And Social Security Law
Section 337.1 - Background
Current through Register Vol. 46, No. 12, March 20, 2024
(a) Article 15 of the Retirement and Social Security Law (chapter 414 of the Laws of 1983), which became effective September 1, 1983, applies to all members who join or rejoin a public retirement system on or after July 27, 1976, and to all employees who would have been eligible to join or rejoin such a retirement system on or after such date but in lieu thereof elected an optional retirement program to which their employers are thereby required to contribute, except for members of the New York State Policemen's and Firemen' s Retirement System, members in the uniform personnel in institutions of New York State or the New York City department of corrections, members of the New York City police pension fund or the New York City fire department pension fund, or members qualified for participation in the uniform transit police force or housing police force plan in the New York City Employees' Retirement System.
(b) Section 605 of the Retirement and Social Security Law provides for disability retirement benefits to eligible individuals with at least 10 years of creditable service who become permanently incapacitated for duty. Section 605 further provides that the requirement that the member have 10 years of credited service shall be inapplicable if the permanent incapacity is the natural and proximate result of an accident sustained in service.
(c) Subdivision c of section 605 authorized 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 15. Additionally, section 614 authorizes the Comptroller to promulgate regulations pertaining to the implementation of article 15.
(d) This Part is promulgated to provide procedures and requirements with respect to applications for disability retirement under section 605 of the Retirement and Social Security Law.
