N.Y. Comp. Codes R. & Regs. tit. 2 § 353.2

Current through Register Vol. 46, No. 53, December 31, 2024
Section 353.2 - Determining authority

Applications for disability retirement benefits filed pursuant to Articles 14 and 15 of the Retirement and Social Security Law shall be determined by a committee of at least three individuals, one of whom shall be a Retirement System Bureau Director, and who shall serve as chairperson, and at least two other committee members, who shall be appointed by the Executive Deputy Comptroller or Deputy Comptroller for the Division of Retirement Services. Appointed committee members shall be individuals employed in a position within the Retirement System and have experience in processing disability retirement applications. If one or more committee members are unavailable, the Executive Deputy Comptroller or Deputy Comptroller for the Division of Retirement Services shall appoint the necessary number of committee members. Such committee is referred to herein as the "determining authority." Such determining authority shall determine whether a member is permanently incapacitated for the performance of duties. Additionally, the determining authority is authorized, where appropriate, to determine whether there is a causal relationship between alleged accidents or incidents or acts of an inmate sustained in service and the disability claimed by the member. With respect to applications for accidental disability benefits filed under Retirement and Social Security Law section 507, such determining authority shall also determine the issue of causal relationship between alleged accidents and the disability which was the basis of the approval of the member's application for primary social security disability benefits.

N.Y. Comp. Codes R. & Regs. Tit. 2 § 353.2

Amended New York State Register November 6, 2024/Volume XLVI, Issue 45, eff. 11/6/2024