N.Y. Comp. Codes R. & Regs. tit. 21 § 5020.2

Current through Register Vol. 46, No. 45, November 2, 2024

Section 5020.2 - Standard for determining disability retirement for members joining on or after July 27, 1976, but before September 1, 1983, and who meet the eligibility requirements of sections 506 and/or 507 of the Retirement and Social Security Law

(a) A Tier III member (membership commenced on or after July 1, 1976, but before September 1, 1983), who meets the eligibility requirements of section 506 of the Retirement and Social Security Law, shall be eligible for an ordinary disability benefit if such member has been determined to be eligible for primary social security disability benefits.

(b) A Tier III member who meets the eligibility requirements of section 507 of the Retirement and Social Security Law shall be eligible for an accidental disability benefit if it is determined that such member was disabled as the natural and proximate result of an accident sustained in active service and not caused by the member, and if such member has been determined to be eligible for primary social security disability benefits.

(c) In lieu of the disability benefit set forth in subdivisions (a) and (b) of this section, a Tier III member who also meets the eligibility requirements of section 605 of the Retirement and Social Security Law may elect the disability benefit set forth in that section, to be determined in accordance with the provisions of section 5020.3 of this Part. However, in the event of such an election, the member will receive only the benefits provided under article 15 of the Retirement and Social Security Law, and may not mix the provisions of article 14 and article 15 to change the eligibility requirements for a benefit under either article.

N.Y. Comp. Codes R. & Regs. Tit. 21 § 5020.2