2 CRR-NY 353.1NY-CRR

STATE COMPILATION OF CODES, RULES AND REGULATIONS OF THE STATE OF NEW YORK
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 353. PROCEDURE FOR DETERMINING APPLICATIONS FOR DISABILITY RETIREMENT UNDER RETIREMENT AND SOCIAL SECURITY LAW, SECTIONS 507-A AND 605
2 CRR-NY 353.1
2 CRR-NY 353.1
353.1 Background.
Sections 507-a and 605 of the Retirement and Social Security Law provide disability retirement benefits for certain members of the New York State and Local Employees' Retirement System. These sections provide benefit eligibility to members who have accrued at least 10 years of service credit and are determined to be permanently incapacitated for the performance of duty, without regard to the cause of such disability. Sections 507-a and 605 further provide that members with less than 10 years of service credit shall be eligible to receive benefits if they are permanently incapacitated for the performance of duties as the natural and proximate result of an accident sustained in member service. Section 507 of the Retirement and Social Security Law provides an accidental disability benefit under which the determination of the issue of permanent incapacity is based on the determination of the member's application for primary social security. However, the determination as to whether the incapacity determined with respect to the social security disability application is the natural and proximate result of the accidents alleged on the application for section 507 benefits must be made by the Retirement System. Subdivision c of both section 507-a and section 605 authorize each public retirement system with members subject to the provisions of those sections to adopt appropriate procedures for determining the issues of permanent incapacity and, where appropriate, causal relationship between alleged accidents and disability. Section 519 of the Retirement and Social Security Law authorizes the Comptroller to promulgate regulations with respect to administration of retirement benefits provided by article 14 of the Retirement and Social Security Law. The New York State and Local Employees' Retirement System has developed such appropriate procedures for determining applications for disability retirement under sections 507, 507-a and 605, and this Part is hereby promulgated to set forth and publish such procedures.
2 CRR-NY 353.1
Current through February 28, 2022
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