A disability application can be filed by the employee or someone authorized to file on the employee’s behalf. For example, the employee’s attorney, a power of attorney (POA), or a court-appointed guardian who has been granted authority by the court, may file. In most cases, as the employer, you also have the authority to file on behalf of your employee.
When we receive a disability retirement application, we review it to determine if it meets all filing requirements. If the requirements have been met, we will notify you that your employee has filed for disability retirement.
We then assemble a medical file for the member, which includes reports from the member’s physicians, hospital records, accident reports and other pertinent documentation.
We may refer the member to one or more medical specialists to be examined. Once we receive the specialist’s report, the case is reviewed. The Retirement and Social Security Law (RSSL) requires that a Medical Board appointed by the Comptroller review the case and recommend approval or disapproval.
You can file a disability retirement application on behalf of an employee. There are different applications depending on the employee’s tier, the type of disability and, in some cases, job title. To ensure you or your employee file the correct application, or to find information about the types of disability retirement benefits and the process, refer to our Disability Benefits page.
Follow these steps to file a disability retirement application using Retirement Online:
- Download the appropriate disability retirement application from our Forms page.
- Fill out the form in your web browser then print and sign it, or print the form, fill it out by hand and sign it.
- Scan the form and save it to your computer as a PDF.
- Sign in to Retirement Online.
- Click the “Submit Disability Application” link on the Employer Account Homepage.
- On the Employee Disability Retirement Application page, use the Look Up icons to choose the Employer Name and Member Name. Then, use the Document Type dropdown and choose the Disability Retirement App option.
- Click the “Attach Files” button, follow the steps to upload your saved version of the disability retirement application, then click “Submit.”
As an alternative, you can file a disability application by email, mail or fax.
Information Employers Provide
As an employer, you will be required to provide certain necessary information for the member’s disability file, including, but not limited to, the following information:
- Payroll status;
- Job description (detailed duty statement) including any restricted, light or limited duty assignments;
- General Municipal Law Sections 207-a and 207-c status;
- All medical records that are in your possession;
- Overtime worked and description of duties performed;
- Workers’ compensation documents and accident reports for all on-duty incidents; and
- Time records (may be required for on-duty status).
We ask that you also provide us with copies of any other documents, reports or records that pertain to a disability application, accident(s) alleged to have been sustained, and particularly to the physical or mental status of the member. Please submit these items to us as soon as possible using Retirement Online or by mail.
- Retirement Online
This is the fastest way to submit these items. Follow the steps in “Filing on Behalf of an Employee” and choose the document type you wish to submit.
- By Mail:
Disability Services Bureau
110 State Street, Maildrop 7-1
Albany, NY 12244-0001
As an alternative, you can submit these items by email or fax.
All relevant data and information you provide is submitted to the Medical Board when it meets to consider whether the disability application should be approved.
Once a determination has been made, we notify both you and the employee.
- Disability Approved: The date of retirement for a disability retirement is the date the application is filed or the day after the last date the member received salary, whichever is later. We will ask you to remove the member from your payroll within 30 days after the member’s application is approved.
- Disability Denied: If the disability application is not approved, a written request for a hearing and a redetermination of the member’s application may be filed with the Comptroller. This request must be received within four months of the date of the original denial.
- If the member or an authorized individual filed the original disability application, only they may request a hearing.
- If you, as the employer, filed the original disability application, then you, the member or someone authorized to file on the member’s behalf may request a hearing.
We will notify you if the member or an authorized individual requests a hearing and redetermination.
Accidental and Performance of Duty Disability Documents
Notice of Accident
To qualify for an accidental disability retirement, the member must file written notice with us within 90 days of the accident. The notice must detail the time and place of the accident, the particulars thereof, the nature and extent of the member’s injuries, and his or her alleged incapacity. If you are covered by Workers’ Compensation Law, notice of accident may be satisfied by the member filing written notice with you within 30 days of the date of the accident.
Written notice is not required if the application for accidental disability is filed within one year of the date of the accident.
Notice of Occurrence
To qualify for a performance of duty disability retirement, the member must file written notice with us within 90 days of the occurrence. The notice must detail the time and place of the occurrence, the particulars thereof, the nature and extent of the member’s injuries and his or her alleged incapacity. If you are covered by Workers’ Compensation Law, notice of occurrence may be satisfied by the member filing notice with you within 30 days of the date of the occurrence.
Written notice is not required if the application for performance of duty disability is filed within one year of the date of the occurrence.