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 368 - Death And Disability Benefits Subject To The Older Workers' Benefit Protection Act
Section 368.2 - Disability retirement benefits

Current through Register Vol. 46, No. 39, September 25, 2024

(a) With respect to ordinary disability retirement benefits payable pursuant to paragraph 1 of subdivision b of section 62 of the Retirement and Social Security Law, if the member has attained age 60 when such retirement becomes effective, his retirement allowance shall be equal to that which he would receive in the case of superannuation retirement, unless the member is enrolled in a plan provided under section seventy-a, section seventy-one-a or section 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 subdivision b of such section 62.

(b) With respect to ordinary disability retirement benefits payable pursuant to paragraph 1 of subdivision b of section 362 of the Retirement and Social Security Law, if a member has attained age 60 when such retirement becomes effective, his retirement allowance shall be equal to that which he would receive in the case of superannuation retirement, unless the member is enrolled in a plan provided under section three hundred seventy-a, section three hundred seventy-one-a or section three hundred 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 subdivision b of such section 362.

(c) With respect to ordinary disability benefits payable pursuant to section 506 of the Retirement and Social Security Law, a member of the New York State and Local Employees' Retirement System who is otherwise eligible for ordinary disability benefits under such section shall not be deemed to be ineligible for such benefits because of such member's eligibility for a normal retirement benefit.

(d) With respect to disability benefits payable pursuant to section 507 of the Retirement and Social Security Law, a member of the New York State and Local Employees' Retirement System who is otherwise eligible for accidental disability benefits under this section shall not be deemed to be ineligible for such benefits because of such member's eligibility for a normal retirement benefit.

(e) With respect to disability benefits payable pursuant to subdivision d of section 605 of the Retirement and Social Security Law, the minimum benefit payable to a member of the New York State and Local Employees' Retirement System who has been determined to be physically or mentally incapacitated for performance of gainful employment as the natural and proximate result of an accident not caused by willful negligence sustained in the performance of duties in active service while actually a member of the retirement system shall be one-third of such member's final average salary.

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