§ 402. Recovery of disability beneficiaries. a. Once each year the\ncomptroller may, and, upon his application, shall require a retiree on a\ndisability allowance, under the minimum age or period for service\nretirement elected by him, to undergo a medical examination. Such\nexamination shall be made at the place of residence of such beneficiary,\nor at any other place mutually agreed upon by the comptroller and such\nbeneficiary. In the event that any such disability beneficiary shall\nrefuse to submit to a medical examination, the pension portion of his\nretirement allowance, including the\npension-providing-for-increased-take-home-pay, shall be discontinued\nuntil his withdrawal of such refusal. If such refusal shall continue for\none year, all his rights in and to his pension shall be forfeited.\n b. The pension, including the\npension-providing-for-increased-take-home-pay, of a disability\nbeneficiary shall be reduced in the event that any such disability\nbeneficiary is engaged in a gainful occupation paying more than the\ndifference between his retirement allowance, as it would be without\noptional modification and if not reduced by the actuarial equivalent of\nany outstanding loan and if not increased by the actuarial equivalent of\nany additional contributions, and his final salary. Such reductions\nshall be to a sum which, when added to an annuity, as so computed, plus\nthe amount so earnable by him, shall equal his final salary. If his\nearning capacity thereafter changes, his pension may be further altered.\nAny such altered pension shall not exceed:\n 1. The pension, including the\npension-providing-for-increased-take-home-pay, originally granted to\nsuch beneficiary, nor\n 2. An amount which, when added to an annuity, as so computed, plus the\nsum earned by him or her, shall equal his or her final salary.\n In the case where an optional benefit has been selected, such\nreduction shall be the same as the reduction would have been without\noptional modification. Where such reduction is greater than the pension,\nincluding the pension-providing-for-increased-take-home-pay, payable\nunder the option selected, the excess may be paid by the pensioner into\nthe funds of the police and fire retirement system, in which case the\nbenefit due under the option shall be paid as if no reduction had\noccurred. If such excess is not paid by the pensioner, the benefit\notherwise due under the option shall be reduced by the actuarial\nequivalent of such excess. In no event shall the payment to the funds be\ngreater than the difference between the pension, including the\npension-providing-for-increased-take-home-pay, without optional\nmodification and the pension, including the\npension-providing-for-increased-take-home-pay, under the option\nselected. The pension, including the\npension-providing-for-increased-take-home-pay of a disability pensioner,\nshall not be reduced after he or she has attained the mandatory\nretirement age applicable to him or her or shall have attained the age\nor performed the period of service specified by applicable law for\neligibility for a service retirement benefit.\n c. In the event that the comptroller shall determine that a disability\nbeneficiary is able to engage in a gainful occupation, he or she shall,\nif such beneficiary so requires, certify the name of such beneficiary to\nthe state civil service department or appropriate civil service\ncommission. The state civil service department or such municipal\ncommission shall place the name of such beneficiary, as a preferred\neligible, on the appropriate eligible lists prepared by it for positions\nfor which such beneficiary is stated to be qualified in a salary grade\nnot exceeding that from which he or she was last retired. If any such\nbeneficiary shall be offered a position as a result of the placing of\nhis or her name on any such civil service list, the amount of his or her\ndisability pension, including the\npension-providing-for-incr
‹ Prev All New York sections Next ›
Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.