New York Laws
Title 9 - General Provisions Relating to Retirement; Retirement Plans Applicable to Members Generally
374 - Procedure for Retirement.

§ 374. Procedure for retirement. a. Every application for a retirement
allowance or other benefit provided by this article shall be executed
and filed with the comptroller. Each such application shall contain such
information as the comptroller shall deem necessary.

b. The comptroller shall have exclusive authority to determine all
applications for any form of retirement or benefit provided for in this
article. He shall examine into the facts of each such application, and
to that end, shall have full power and authority to:

1. Employ experts and specialists, and

2. Require the attendance of the applicant and other witnesses, and

3. Require the production of all books, papers, documents and other
records pertaining to such inquiry, and

4. Administer oaths and take testimony.
The comptroller shall have the power to issue subpoenas, under his hand,
returnable anywhere in the state. Any such subpoena shall be served in
the same manner and have the same force and effect as a subpoena issued
in an action pending in the supreme court.

c. After making his determination on any application the comptroller
forthwith shall mail a written notice thereof to the applicant. Such
notice shall be mailed to the address given in such application.

d. At any time within four months after the mailing of such notice,
the applicant or his counsel may serve a written demand upon the
comptroller for a hearing and redetermination of such application. After
the service of such demand, the comptroller shall hold a hearing upon
such application at which the applicant may be represented by counsel.
The comptroller shall have the same power upon such hearing as upon the
original application. After such hearing the comptroller shall make his
final determination. A copy thereof shall be mailed to the applicant and
his counsel, if any. Such final determination shall be subject to review
only as provided in article seventy-eight of the civil practice law and
rules.

e. To aid him in passing upon applications for retirement, the
comptroller shall use the medical board appointed pursuant to the
provisions of section seventy-four of this chapter. Such medical board
shall:

1. Arrange for and pass upon all medical examinations required or
allowed under the provisions of this article, and

2. Have full power and authority to investigate statements and
certificates submitted by or on behalf of a claimant in connection with
any application for accidental death benefit, disability retirement or
restoration to service thereafter, and

3. Have full power and authority to administer oaths and require sworn
statements and testimony with respect to matters under its jurisdiction.
The comptroller may designate other doctors to conduct the medical
examination required or allowed hereunder. The medical board, in any
case in which it shall deem it advisable, may require any such doctor to
conduct any such examination and to report in writing his findings
thereon to the medical board. The medical board shall thereupon consider
such report. Upon completion of its examination in investigation and
after the consideration of the report, if any, of any such other doctor,
the medical board shall submit to the comptroller a report of its
findings and proceedings which shall include the report, if any, of such
other doctor. The report of the medical board shall be admissible in
evidence upon any hearing before the comptroller or in connection with
any examination or investigation conducted by him pursuant to this
article.

f. The comptroller, in any particular case, may designate one of his
deputies or any other person to perform the duties imposed upon him by
this section.

g. In connection with the proceedings authorized by this section the
comptroller shall not be bound by common law or statutory rules of
evidence, or by technical or formal rules of procedure.