Eligibility

If you are unable to perform your duties because of a permanent physical or mental incapacity, and if you have ten or more years of service credit, you may be eligible for an ordinary disability retirement benefit.

The Benefit

If approved, your benefit will be the greater of:

• 1.66 percent of your FAE for each year of service credit; or
• 1.66 percent of your FAE for each year of service credit, plus 1.66 percent of your FAE for each year of service you might have earned before age 60, but not more than one-third of your FAE.

If you made voluntary contributions, your benefit will also include an annuity based on contributions you have made (plus interest earned). Mandatory contributions made by Tier 5 and 6 members are not annuity savings contributions, and therefore Tier 5 and 6 members do not receive annuities based on those contributions.

If you are 60 or older when your disability retirement becomes effective, your ordinary disability benefit will be equal to the benefit that would be payable to you as a service retirement benefit without any reduction for early retirement.

Filing

You can file a disability retirement application yourself, or your employer may file, or someone may be authorized to file on your behalf. For example, your attorney, a power of attorney (POA), or a court-appointed guardian who has been granted authority by the court may file. However, employers may not file applications for members who are receiving payments under General Municipal Law Section 207-a or 207-c.

To file for this benefit, submit an Application for Ordinary Disability Retirement (RS6038). You You must select a pension payment option for the payment of your disability benefits. The pension payment option election form must be completed by you (the member who is filing), however your spouse may file this form if you are incompetent.

If you are eligible, applications for ordinary disability, accidental disability, performance of duty disability and regular service retirement benefits may be submitted simultaneously. However, your application for ordinary disability retirement must be submitted while you are in service or within 90 days of your discontinuance from service. "In service" is defined as:

• Being paid on the payroll;
• On an authorized medical leave of absence for up to two years (which may be extended for an additional two years); or
• Receiving payments from workers’ compensation or other similar employer-funded benefits for up to two years since last being paid on the payroll, as long as you have not resigned or been terminated from employment while receiving those benefits.