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Office of the New York State Comptroller’s Seal

NYS Comptroller

Thomas P. DiNapoli

Sheriffs, Undersheriffs and Deputy Sheriffs Special Plan

For ERS Tier 3, 4, 5 and 6 Members

(Article 14B: Sections 551, 552 and 553)

Ordinary Disability (Section 555)

Eligibility

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

The Benefit

If approved, this is a benefit equal to the greater of:

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

If you are 60 or older at the effective date of your disability retirement, your ordinary disability benefit will equal the benefit that would have been payable to you as a service retirement.

The disability retirement benefit is payable for your lifetime. You must select an option for the payment of your disability benefit.

Filing

You, your employer or someone authorized with your power of attorney Adobe pdf may file your application for ordinary disability retirement benefits. After filing an application, you may be asked to undergo one or more medical examinations.

If you are eligible, applications for ordinary disability, performance of duty disability, accidental 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 from the date you:

  • Are last paid on the payroll;
  • Are last on an authorized medical leave of absence for up to two years (which may be extended for an additional two years); or
  • Last receive Workers’ Compensation or other similar employer-funded benefits, for up to two years, as long as you have not resigned or been terminated from employment while receiving those benefits.