N.Y. Retirement & Social Security Law Section 506
Ordinary disability benefits


a.

A member in active service who is not eligible for a normal retirement benefit shall, upon completing five years or more of service, be eligible for the ordinary disability benefit described in subdivision b of this section if such member has been determined to be eligible for primary social security disability benefits; provided, however, that no member of the New York state teachers’ retirement system, the New York city employees’ retirement system, the New York city board of education retirement system, the New York city teachers’ retirement system or the New York state and local employees’ retirement system who is otherwise eligible for ordinary disability benefits pursuant to this section shall be deemed to be ineligible for such benefits because such member is eligible for a normal service retirement benefit.

b.

The ordinary disability benefit hereunder shall be a pension equal to the greater of (i) thirty-three and one-third percent of final average salary, or

(ii)

two percent of final average salary times years of credited service not in excess of the maximum years of service for computing service retirement, such benefit in each case to be reduced by fifty percent of the primary social security disability benefit as provided in section five hundred eleven and one hundred percent of any workmen’s compensation benefits payable.

c.

For the purpose of applying the five year service eligibility requirement in subdivision a of this section, service shall mean all credited service rendered since a member last joined a public retirement system. Provided however, if the member had been in active public service prior to joining the system involved, all continuous public service immediately prior to the date of membership shall be counted toward the five year service requirement. For the purpose of this subdivision, continuous public service shall mean service during a period in which an employee was not off the payroll of a public employer for more than thirty days. c-1. Notwithstanding any inconsistent provision of subdivision a or b of this section, the ordinary disability benefit for a New York city enhanced plan member in active service who is not eligible for a normal retirement benefit, has completed five years or more of service, and has been determined to be eligible for primary social security disability benefits shall be a pension equal to the greater of (i) thirty-three and one-third percent of final average salary, or

(ii)

two percent of final average salary times years of credited service not in excess of the maximum years of service for computing service retirement, such benefit in each case to be reduced by one hundred percent of any workers’ compensation benefits payable.

d.

The provisions of subdivisions d, e, f and g of § 507 (Accidental disability benefits)section five hundred seven of this chapter shall apply to disability benefits under this section.

Source: Section 506 — Ordinary disability benefits, https://www.­nysenate.­gov/legislation/laws/RSS/506 (updated Sep. 9, 2016; accessed Mar. 23, 2024).

500
Application
501
Definitions
502
Eligibility for service retirement benefits
503
Eligibility for normal and early service retirement benefits
504
Service retirement benefits
504–A
Twenty-year retirement program for New York city correction members below the rank of captain
504–B
Twenty-year retirement program for New York city correction members of the rank of captain or above
504–C
Supplemental retirement allowance
504–D
Twenty-year retirement program for New York city correction members
505
Service retirement benefits
506
Ordinary disability benefits
507
Accidental disability benefits
507–A
Disability retirement
507–B
Performance of duty disability retirement
507–C
Performance of duty disability retirement
507–D
Disability benefits
507–E
Uniformed court officers and peace officers
507–F
Accidental disability retirement
507–G
Payment of both pensions for accident and other benefits prohibited
507–H
Retirement for disability incurred in performance of duty
507–I
Disability benefits
508
Death benefits
508–A
Death benefit for vested members who die prior to retirement
508–B
Death benefit for deputy sheriffs employed by Nassau county
508–B*2
Death benefits for correction officers employed by Nassau county
508–B*3
Death benefits for correction officers employed by Suffolk county
508–B*4
Death benefits for deputy sheriffs employed by Suffolk county
508–C
Death benefits for fire marshals employed by Nassau county
509
Accidental death benefits
509–A
COVID-19 benefit
510
Escalation of benefits
511
Coordination with social security benefits
512
Final average salary
513
Credit for service
514
Options
515
Optional retirement program
516
Vesting
517
Member contributions
517–A
Termination of membership
517–B
Loans to members of a teachers’ retirement system
517–C
Loans to members of certain retirement systems
518
Election of coverage under article
519
Effect of other laws
520
Duration

Accessed:
Mar. 23, 2024

Last modified:
Sep. 9, 2016

§ 506’s source at nysenate​.gov

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