New York § 506 - 506Ordinary disability benefits

§ 506. 506Ordinary disability benefits

§ 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. c-2. Notwithstanding any inconsistent provision of subdivision a, b or c-1 of this section, the ordinary disability benefit for a New York city enhanced plan member in the New York city fire department shall not be conditioned upon eligibility for, or upon receipt of, primary social security disability benefits. d. The provisions of subdivisions d, e, f and g of section five hundred seven of this chapter shall apply to disability benefits under this section.