AAC-47-13-00005-P Disability Retirement for Members Under Article 14 of the Retirement and Social Security Law

11/20/13 N.Y. St. Reg. AAC-47-13-00005-P

NEW YORK STATE REGISTER

VOLUME XXXV, ISSUE 47

November 20, 2013

RULE MAKING ACTIVITIES

DEPARTMENT OF AUDIT AND CONTROL

PROPOSED RULE MAKING

NO HEARING(S) SCHEDULED

 

I.D No. AAC-47-13-00005-P

Disability Retirement for Members Under Article 14 of the Retirement and Social Security Law

PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following proposed rule:

Proposed Action:

This is a consensus rule making to amend Part 336 of Title 2 NYCRR.

Statutory authority:

Retirement and Social Security Law, sections 102, 507, 507-a, 517-c and 519

Subject:

Disability Retirement for Members under Article 14 of the Retirement and Social Security Law.

Purpose:

To update the dates of availability for Disability Retirement under Article 14 of the Retirement and Social Security Law.

Text of proposed rule:

PART 336. DISABILITY RETIREMENT FOR MEMBERS [OF THE NEW YORK STATE AND LOCAL EMPLOYEES’ RETIREMENT SYSTEM] UNDER ARTICLE 14 OF THE RETIREMENT AND SOCIAL SECURITY LAW

Section 336.1. Background.

(a) The Supreme Court, Albany County, has determined that ordinary disability and accidental disability benefits provided under sections 506 and 507, respectively, of the Retirement and Social Security Law, shall remain available to individuals who joined or rejoined the New York State Employees' Retirement System on or between July 27, 1976 and August 31, 1983, and who otherwise meet the eligibility requirements provided in those sections. [This]These benefits shall also [apply]be available to individuals who joined or rejoined the New York State Police & Fire Retirement System on or between July 1, 2009 and January 9, 2010, and who have not elected to be covered by the provisions of Article 22 by electing such retirement coverage within the time period as specified in Section 1205 of the Retirement and Social Security Law, and who otherwise meet the eligibility requirements provided in those sections.

(b) Section 507-a of the Retirement and Social Security Law (chapter 452 of the Laws of 1983), which became effective September 1, 1983, is the sole disability retirement benefit applicable to members of the uniformed personnel in the institutions under the jurisdiction of the Department of Correctional Services of New York State, as defined in subdivision (h) of section 89 of the Retirement and Social Security Law, who joined or rejoin the New York State Employees' Retirement System, on or subsequent to September 1, 1983. Section 507-a also applies to disability retirements of such members of the uniformed personnel who join or rejoin the New York State Employees' Retirement System on or subsequent to July 27, 1976.

(c) Section 519 of the Retirement and Social Security Law authorizes the Comptroller to promulgate regulations pertaining to the implementation of article 14 of the Retirement and Social Security Law. Subdivision (c) of section 507-a authorizes the Comptroller, as head of the New York State Employees' Retirement System, to adopt appropriate procedures for making determinations regarding applications for disability retirement filed by members of that system who are governed by the provisions of article 14 of the Retirement and Social Security Law.

(d) This Part shall set forth the procedures pertaining to disability retirement pursuant to sections 506, 507 and 507-a of the Retirement and Social Security Law.

Text of proposed rule and any required statements and analyses may be obtained from:

Jamie Elacqua, Office of the State Comptroller, 110 State Street, Albany, NY 12236, [phone], email: [e-mail]

Data, views or arguments may be submitted to:

Same as above.

Public comment will be received until:

45 days after publication of this notice.

Consensus Rule Making Determination

This is a consensus rulemaking proposed for the purpose of making technical amendments to the text of Section 336.1 of Title 2 of NYCRR relating to disability retirement for members of the New York State and Local Employees’ Retirement System and the New York State and Local Police and Fire Retirement System under Article 14 of the Retirement and Social Security Law. These technical amendments relate to the dates of applicability for such disability retirement and it has been determined that no person is likely to object to the adoption of the rule as written.