Life Changes: Applying for Disability Retirement

A Message from Comptroller Thomas P. DiNapoli

No one likes to think they may become permanently disabled, but the truth is a disabling condition can happen to anyone at any time. If you become disabled, it may be reassuring to know about the benefits you could receive and how to apply for those benefits.

This booklet describes filing for a disability benefit and the steps we take to process your application. It also discusses the medical evaluation and review process and outlines your rights. If you are considering applying for a disability benefit, we are sure you will find this booklet helpful.

However, the disability benefits you may be eligible to receive depend on your membership tier and, in certain cases, your job title. Therefore, it is important to review your plan booklet for specific benefit and eligibility information before you file an application.

Sincerely,
Thomas P. DiNapoli
State Comptroller

Table of Contents

• Filing an Application
• Processing Your Application
• Benefit Payment Options
• Health Insurance and Other Benefits
• For More Information

Filing an Application

Who can file?

You can file the application yourself or, if you are unable, any person you authorize with your power of attorney may file your application. In most cases, your employer also has the authority to file an application on your behalf.

However, before you file, it is important to review your plan booklet to determine the disability benefits available to you and the eligibility requirements. Your plan booklet is available from your employer at www.osc.state.ny.us/retire/publications.

What to file?

There are different application forms for different tiers and types of disability. If your personnel office is unable to provide the form you need, check our website or contact our Call Center for the correct form.

If you are eligible for both service and disability retirement, or for more than one type of disability retirement, you may want to file all of the applications at the same time. This is “filing without prejudice,” meaning that, in most cases, we will process all of your applications simultaneously. If more than one benefit is approved, you may choose which benefit you want to receive.

Please note that if you file a service retirement application along with your disability retirement application, and the disability application is denied, you may not withdraw the service retirement application if it is after the effective date of retirement.

Proof of your birth date is required before we can pay you any benefits, so it is a good idea to include a photocopy of the document, if it is available. The most common documents we accept are:

• Birth certificate;
• Baptismal certificate;
• Certificate of Release or Discharge from Active Duty (DD-214);
• Passport; and
• Naturalization papers.

Do not delay filing for the benefit if you do not have one of these documents - you can file proof of your birth date later.

The following members must apply for Workers' Compensation benefits:

• Tier 1 and 2 members filing for accidental disability;
• Tier 3 members filing under the Article 14 retirement plan;
• New York State correction officers and security hospital treatment assistants filing for performance of duty disability;
• All uniformed court officers filing for accidental disability (regardless of membership tier); and
• Sheriffs, undersheriffs, deputy sheriffs and county correction officers (regardless of membership tier) filing for performance of duty disability retirement and/or accidental disability retirement whose employers have specifically adopted these provisions may need to apply for Workers' Compensation Benefits. Please refer to your plan booklet for more information.

If you are applying for one of the disability retirement benefits listed above, or any other disability retirement benefit offset by Workers’ Compensation benefits, keep us advised of the status of your Workers’ Compensation claim because your pension will be reduced by the full amount of Workers’ Compensation that you may be eligible to receive. Especially, if you are offered a lump sum, contact us before you accept the lump sum so that you will know exactly how it will affect your monthly pension. If you do not have a Workers’ Compensation award or a request is pending, you may request that we place a lien against any future benefits that may become payable. You could then receive your full allowance if you are approved, pending a decision from the Workers’ Compensation Board.

Please provide us with photocopies of decisions or awards of other benefits. If, during the processing of your application, your condition improves and you are able to return to work, you may withdraw your application at any time before it has been approved. The withdrawal request must be signed by you and received by us before your application is approved. Only your employer can withdraw an application which it has filed on your behalf.

If you are covered under a special plan, these rules may not apply. Please check your plan booklet for the filing requirements that pertain to you.

When to file?

There are filing requirements and, possibly, minimum service requirements for each benefit.Failure to file within the time limits will make you ineligible for a benefit. Specific eligibility and filing requirements can be found in your plan booklet. If you mail the application using “certified mail, return receipt requested,” we will use the postmark as the date of filing.

Since it will take some time to process your application, we encourage you to file the application while you are still on the payroll. This may help minimize any financial hardship you may encounter during the time it takes to process your application.

Where and how to file?

The application(s) must be received by us to be considered filed. Giving an application to your employer is not considered filing with the System.

To file, you can:

• Visit our main office in Albany, or any office of the State Comptroller throughout the State;
• Mail us the application by "certified mail, return receipt requested." When we receive the form, the postmark date will serve as the filing date; or
• Fax us the application at 518-474-3091 to meet a deadline. The transmission date will serve as the filing date, but you will still need to send us the original documents for processing.

Processing Your Application

Once we receive your application, we will review it to see if the filing requirements are met. Generally, this means your application is properly signed and notarized, you worked long enough and filed your application in time.

To protect your beneficiaries if you are terminally ill, we encourage you to file an option election form when you file your disability retirement application. If your application is approved, you will have the opportunity to change your option selection before you retire. See page 12 for more information about options.

If you meet all the eligibility requirements for disability retirement and

• die before the effective date of your retirement;
• the cause of your death is directly related to the disability stated on your application; and
• have a valid option election form on file; then

the disability application will be approved to become effective the day before your death.

In our first contact with your employer, we will inform them that you filed for disability retirement benefits and request a statement of your job duties, payroll data and any information about your disability claim your employer may have.

Administrative Decision

Your application may be denied for reasons not related to your health. Perhaps you did not file your application in a timely manner or you do not have enough service credit to be eligible for the benefit. If your application is denied at this stage, a determination stating the reason for denial will be sent to you.

If you believe the determination is wrong and that you do meet the eligibility requirements of the law, you may request, within four months from the date of denial, an administrative hearing and redetermination. For more information on hearings see “Denials & Hearings.”

Medical Evaluation

If your application meets the filing requirements, the medical evaluation process will begin. We will request medical reports and documentation from the doctors, hospitals and treatment facilities you listed on your application. Please list only the medical information that relates to your disability. If you have been seen by Workers’ Compensation doctors, be sure to include their names and addresses as well. Please be careful when filling out this section of the application, because incomplete or insufficient information may delay the process. It may expedite your claim if you send us copies of any pertinent medical information.

When we receive the required documentation, we may ask you to make an appointment with a Retirement System-paid physician whose specialty relates to your disability. We will send you a card to return to us when you have scheduled the appointment. After your examination, the doctor will send us a medical report.

Medical Review and Decision

After all the necessary medical information has been gathered, your application will be reviewed by a medical or administrative board and a determination will be made regarding your eligibility. We will notify you, your attorney if you are represented by one, and your employer by mail of the action taken on your application.

Approval

If your application is approved, we will send you an estimate of your benefits under each of the options available to you. You will need to select the option under which you will retire.

Sometimes the final average salary used in the estimate may not be what you expected. Often this is because we do not have final payroll information from your employer. Your benefit computation will not be finalized until we have complete salary information. If you are approved for more than one benefit, you will need to choose which benefit you want to receive.

Denial and Hearings

An application may be denied for medical or administrative reasons. Regardless of the reason, if your application is denied, you may request an administrative hearing. This hearing is your opportunity to present evidence to support your claim for a disability retirement benefit. We must receive your written request for a hearing within four months of the determination date. Please send or email your written request to:

By mail:

• New York State and Local Retirement System Hearing Administration Bureau
• Mail Stop 7-9a
• 110 State Street
• Albany, NY 12244

By email: Hearings@osc.state.ny.us.

A hearing officer will preside over the proceeding and you may choose to be represented by an attorney. We cannot provide an attorney for you.

After the hearing process is complete, the hearing officer will write a decision and the Comptroller will make a final determination. If you wish to appeal the final determination, you are entitled to judicial review under Article 78 of the Civil Practice Law and Rules.

Benefit Payment Options

At retirement, you will have to decide how your benefit will be paid. All of the options available will provide you with a monthly payment for life. Depending on whether you want to receive the maximum amount possible, or a smaller monthly benefit in order to provide for a possible payment to a designated beneficiary, the right to select a retirement option rests exclusively with you (unless you become incompetent).

Review the options carefully because you must choose an option within the time limits established by the law, or we will be required to complete your retirement under Option ½ (Cash Refund — Contributions) if you are a Tier 1 or 2 member, or Option 0 (Single Life Allowance) if you are in Tier 3 or 4.

Benefits

Benefits are effective from either the day after the date you were last paid on the payroll or the date your application was filed, whichever is later. Benefit payment will begin when the calculation process is complete. If there is a delay in gathering necessary data, you will receive a partial payment beginning about a month following your notice of decision, provided you are off the payroll and have submitted proof of your birth date.

You can enroll in our direct deposit program when you file for retirement. Once your benefit calculation is complete, your regular pension payments will be deposited directly into your account. Any partial payments you may be eligible to receive will still be made by paper check.

When you receive your first regular pension check, you will receive information concerning taxes (if any), payment schedules and any other items that will affect your receipt of benefits.

Health Insurance and Other Benefits

Health insurance is provided by your employer. Be sure to check with your personnel office for information about health insurance and any other benefits you may be entitled to. If you worked for New York State, contact the New York State Department of Civil Service at 1-800-833-4344, or 518-457-5754 in the Albany, New York area.

For More Information

If you have any questions, contact our Call Center at 1-866-805-0990 (or 518-474-7736 in the Albany, New York area), e-mail us through our website at www.osc.state.ny.us/retire, fax us at 518-402-4433 or write us at the following address:

• New York State and Local Retirement System
• 110 State Street
• Albany, NY 12244-0001

You can also meet with one of our Information Representatives in Albany or at any of our 16 locations throughout the State. A list of these consultation sites is available from your employer, our website or from the Retirement System.

VO 1802 (10/08)
© 2008, New York State and Local Retirement Systems

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