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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)

Performance of Duty Disability

Eligibility

Regardless of the amount of service credit you have, if you become permanently incapacitated, either physically or mentally, and unable to perform your job as the natural and proximate result of an on-the-job incident or occurrence that was not due to your own willful negligence, you may be eligible for a performance of duty disability retirement benefit.

Notice of Occurrence

To be eligible for this benefit, you must file an application for a performance of duty disability retirement benefit within one year following the alleged incident or occurrence. Otherwise, you must have filed a written notice of the incident or occurrence with:

  • The Retirement System within 90 days of the incident or occurrence; or
  • Your employer within 30 days of the date of the incident or occurrence, if your employer is covered by the Workers’ Compensation Law or if the incident or occurrence took place after September 1, 1980.

The written notice must detail the time and place of the incident or occurrence, the particulars thereof, the nature and extent of your injuries, and the alleged incapacity.

The Benefit

If approved, the benefit payable is a lifetime pension equal to one-half (50 percent) of your FAS.

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

Filing

You, your employer or someone authorized with your power of attorney Adobe pdf may file your application for performance of duty disability retirement. The application must be filed while you are still in service or within two years of your discontinuance from service. When filing for this benefit, “in service” is defined as while you are:

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

If you are eligible, applications for ordinary disability, performance of duty disability, accidental disability, and regular service retirement benefits may be filed simultaneously.