New York Laws
Article 14 - Coordinated-Escalator Retirement Plan
506 - Ordinary Disability Benefits.

§ 506. Ordinary disability benefits. a. A member in active service
who is not eligible for a normal retirement benefit shall, upon
completing five years or more of service, be eligible for the ordinary
disability benefit described in subdivision b of this section if such
member has been determined to be eligible for primary social security
disability benefits; provided, however, that no member of the New York
state teachers' retirement system, the New York city employees'
retirement system, the New York city board of education retirement
system, the New York city teachers' retirement system or the New York
state and local employees' retirement system who is otherwise eligible
for ordinary disability benefits pursuant to this section shall be
deemed to be ineligible for such benefits because such member is
eligible for a normal service retirement benefit.

b. The ordinary disability benefit hereunder shall be a pension equal
to the greater of (i) thirty-three and one-third percent of final
average salary, or (ii) two percent of final average salary times years
of credited service not in excess of the maximum years of service for
computing service retirement, such benefit in each case to be reduced by
fifty percent of the primary social security disability benefit as
provided in section five hundred eleven and one hundred percent of any
workmen's compensation benefits payable.

c. For the purpose of applying the five year service eligibility
requirement in subdivision a of this section, service shall mean all
credited service rendered since a member last joined a public retirement
system. Provided however, if the member had been in active public
service prior to joining the system involved, all continuous public
service immediately prior to the date of membership shall be counted
toward the five year service requirement. For the purpose of this
subdivision, continuous public service shall mean service during a
period in which an employee was not off the payroll of a public employer
for more than thirty days.

c-1. Notwithstanding any inconsistent provision of subdivision a or b
of this section, the ordinary disability benefit for a New York city
enhanced plan member in active service who is not eligible for a normal
retirement benefit, has completed five years or more of service, and has
been determined to be eligible for primary social security disability
benefits shall be a pension equal to the greater of (i) thirty-three and
one-third percent of final average salary, or (ii) two percent of final
average salary times years of credited service not in excess of the
maximum years of service for computing service retirement, such benefit
in each case to be reduced by one hundred percent of any workers'
compensation benefits payable.

d. The provisions of subdivisions d, e, f and g of section five
hundred seven of this chapter shall apply to disability benefits under
this section.