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Office of the New York State Comptroller’s Seal

NYS Comptroller

Thomas P. DiNapoli

Retirement Plan

For ERS Tier 5 Members

(Article 15)

Article 15 Disability Benefit — Eligibility and Filing

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If you become unable to perform your duties because of a permanent physical or mental incapacity, you may be eligible for a disability retirement benefit. There are a variety of disability benefits with different requirements. If you are eligible, you may simultaneously submit applications for disability and regular service retirement benefits.

You must select an option for the payment of your disability benefit.


To qualify for this disability retirement benefit, you need ten years of credited service, unless your disability results from an accident you sustain on the job. If your disability results from an on-the-job accident, not due to your own negligence, there is no minimum service requirement.


You, your employer, or someone authorized with your power of attorney Adobe pdf may file your Article 15 Disability Retirement Application (RS6340) Adobe pdf. The power of attorney is a legal document that gives authority to another person to make financial and other legal decisions on your behalf. The application must be filed while you are on the payroll or within:

  • Three months of the last date you were paid on the payroll; or
  • 12 months after receiving notification of termination of employment, provided you were on an authorized medical leave of absence or receiving Workers’ Compensation benefits.