DISABILITY RETIREMENT ELIGIBILITY As a member, you are eligible to receive a Disability Retirement Benefit at any age, provided Î you file an application within three months from the last date you were being paid on the payroll, or Ï if you were placed on a leave of absence without pay for medical reasons, either voluntarily or involuntarily, at the time that you ceased being paid on the payroll, application must be filed no later than 12 months after the date you receive notice that your employment has been terminated. AND & you have ten or more years of Credited Service, at least five years of which are Membership Service, your disability is not the result of a service-connected accidentp ; and & NYCERS= Medical Board finds that you are physically or mentally incapacitated to perform the duties of your job title, and, if you no longer perform the duties of your job title, that you were so incapacitated at the time you ceased performance of your duties.


You are not required to have ten or more years of Credited Service if your disability is the result of a service-connected accident. To retire due to disability with less than ten years of Credited Service, NYCERS= Medical Board must determine that your disability is the result of an accidental injury sustained while in City service and a member of NYCERS, and not caused by your own willful negligence.

FILING REQUIREMENTS An application for a Disability Retirement Benefit must be filed: Cby you, or by a person with legal authority to act on your behalf, or by the head of the agency where you are employed; Con a form furnished by NYCERS, which must be accompanied by proof to substantiate the application, including your Personal Report and a Physician's Report of your disability. DISABILITY RETIREMENT BENEFIT If your application for disability retirement is approved, your benefit will be equal to the greater of: 1b % times Final Average Salary (FAS) times the years of Credited Service. OR 33a % times FAS, EXCEPT where a member is eligible for service retirement and the benefit is greater than either of the above calculations, then the member will receive a disability retirement allowance equal to the Service Retirement Benefit. EFFECTIVE DATE Your Tier 4 Disability Retirement Benefit takes effect 30 days after the application for disability retirement is filed with NYCERS, or the day after the last day you are paid on your employer's payroll, whichever is later. EARNINGS LIMITATIONS WHILE RECEIVING DISABILITY BENEFITS

If you are employed while receiving your Disability Retirement Benefit, your Personal Service Income is subject to a yearly cap called the Income Limitation. These limits change each year based on increases or decreases in the Consumer Price Index. If your Personal Service Income exceeds the Income Limitation for any year, your disability benefit will be suspended for 12 months. PERSONAL SERVICE INCOME Once each year, you will be required to file a report with NYCERS disclosing any Personal Service Income you earned, not including any Disability Retirement Benefit, during the preceding calendar year. In addition to the limitations on your Personal Service Income, other rules may apply to your employment while you are disabled. Before accepting employment, you should discuss your plans with NYCERS, in order to be informed of limitations that may apply to you. INCOME LIMITATION Income Limitation is a fixed dollar amount which limits your Personal Service Income in any calendar year while you are receiving a Tier 4 Disability Retirement Benefit. At the end of each year, the Income Limitation is established by adding, or subtracting, the Consumer Price Index percentage increase, or decrease, for that year to, or from, the Income Limitation for the prior year. The Income Limitation for past years has been: YEAR 1987 1988 1989 1990 1991 1992 1993 1994 1995 1996 INCOME LIMITATION $14,300 14,900 15,600 16,600 17,100 17,600 18,000 18,500 19,000 19,600

WITHDRAWING AN APPLICATION FOR DISABILITY RETIREMENT Provided that NYCERS= Medical Board has not yet finalized its finding, you may withdraw your application for a Disability Retirement Benefit upon written request to NYCERS.

RETURN TO WORK In some cases, the Medical Board may approve a disability retirement application contingent on reexamination at a later date. If upon reexamination the Medical Board determines that you are no longer disabled, the Department of Citywide Administrative Services will place your name on a list of preferred eligible candidates for appointment to a position in a salary grade not exceeding that from which you retired. Your disability benefit will be paid to you until such time as you are offered a position in public service. If you return to work, or if you fail to return to work when called, NYCERS will discontinue payment of your Disability Retirement Benefit.

Members retired by reason of disability for more than one year may request a reexamination by the Medical Board to establish their ability to return to work. SPECIAL NOTICE REGARDING COMPLETING ACCIDENT REPORTS

The laws governing Accident Disability Retirement Benefits administered by NYCERS require that members eligible for a benefit be disabled as the result of an accident occurring in the performance of duty. Courts have defined the term accident as a "sudden, fortuitous mischance, unexpected, out of the ordinary, and injurious in impact." Not every line of duty injury results in the award of an Accident Disability Retirement Benefit. Injuries sustained while performing routine duties, not resulting from unexpected events, are not accidents. Injuries sustained by sudden, unexpected events which are not a risk of the work performed, are usually considered to be accidents. FOR EXAMPLE: % A disabling injury sustained by a member due to "incidents" which involve routine lifting or bending would not qualify as an accident. % A disabling injury sustained by a member, while in the performance of duty, due to a fall on a slippery substance, (such as oil or ice), generally would qualify as an accident. In order to avoid disputes and ensure timely disposition of your application, you and your supervisor or manager, at the time of the event, should prepare written reports which accurately and completely describe all injuries and the events surrounding them. As a minimum, accident reports should provide all details concerning: & the object or substance that directly caused the injury. FOR EXAMPLE: ice which was slipped on; the machine that struck you, etc. And & the particular job or task performed at the time of the injury.

The report should note any other factor which may have contributed to the injury.





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