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New York State and Local Retirement SystemOffice of the State Comptroller - Home

Basic Plan

For ERS Tier 1 Members

(Sections 70-a, 71-a and 75)

Ordinary Disability

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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:

  • 1/60th (1.66 percent) of your FAS for each year of credited service; or
  • 1/60th (1.66 percent) of your FAS for each year of credited service, plus 1/60th of your FAS for each year of service you might have earned before age 60, but not more than one-third of your FAS.

In addition to your pension, you will receive an annuity based on your contributions and the interest earned.

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

You must 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 ordinary disability retirement benefits.

If you are eligible, applications for ordinary 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 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.