555 - Ordinary disability retirement.

§ 555. Ordinary disability retirement.  a. Application for an ordinary  disability retirement allowance for a member may be made by:    1. Such member, or    2. The head of the department in which such member is employed, or    3. Some person acting on behalf of and authorized by such member.    aa.  At  the  time  of  the  filing of an application pursuant to this  section, the member must:    1. Have at least ten years of total service credit, and    2. Actually be in service upon which his or her membership  is  based,  or,   have   been  discontinued  from  service,  either  voluntarily  or  involuntarily, for not more than ninety days, providing the  member  was  disabled prior to such discontinuance.  After  the filing of such an application, such member shall be given one  or more medical examinations. If the  comptroller  determines  that  the  member  is  physically  or mentally incapacitated for the performance of  duty and ought to be retired for ordinary disability, he or she shall be  so retired. Such retirement shall be effective as of a date approved  by  the comptroller.    b.  Upon  retirement  for  ordinary  disability  one  of the following  retirement allowances shall be payable:    1. If a member has attained age sixty  when  such  retirement  becomes  effective,  his or her retirement allowance shall be equal to that which  he or she would receive in the case of superannuation retirement.    2. If the member has not  attained  age  sixty  when  such  retirement  becomes effective, his or her retirement allowance shall consist of:    (a)  An  annuity which shall be the actuarial equivalent of his or her  accumulated contributions at the time of his or her retirement, plus    (b)  A  pension   which   is   the   actuarial   equivalent   of   the  reserve-for-increased-take-home-pay  to  which  he  or  she  may then be  entitled, if any, plus    (c) A pension computed in accordance with whichever of  the  following  provides the greater benefit:    (1)  A  pension  which,  together  with  the  member's annuity and the  pension-providing-for-increased-take-home-pay,  if  any,   shall   equal  ninety  per  centum of one-seventieth of his or her final average salary  multiplied by the number of years of his or her  total  service  credit,  which formula shall be used only if the retirement allowance so computed  exceeds  one-quarter  of  his  or  her  final  average  salary.  If  the  retirement allowance so computed shall amount to one-quarter or less  of  the  member's final average salary, his or her pension shall be computed  upon the basis of the total service which he or she would have  rendered  if  he or she continued in service until he or she attained age sixty so  as the resulting retirement allowance computed by resort to this formula  shall not exceed one-quarter of the member's final average salary.    (2) A pension  which  together  with  the  member's  annuity  and  the  pension-providing-for-increased-take-home-pay,   if   any,  shall  equal  one-sixtieth of his or her final average salary multiplied by the number  of years of his or her total service credit, which formula shall be used  only if the retirement allowance so computed exceeds one-third of his or  her final average salary. If the retirement allowance so computed  shall  amount to one-third or less of the member's final average salary, his or  her  pension shall be computed upon the basis of the total service which  he or she would have rendered if he or she continued in service until he  or she attained age sixty so far as the resulting  retirement  allowance  computed  by  resort  to  this formula shall not exceed one-third of the  member's final average salary.  For the purpose only of determining the amount of a pension pursuant  to  any of the above formulae, the annuity shall be computed as it would be:(aa)  If  not  reduced  by the actuarial equivalent of any outstanding  loan, and    (bb)  If  not  increased by the actuarial equivalent of any additional  contributions, and    (cc) If not reduced by reason of the member's election to decrease his  or her annuity contributions to the retirement system in order to  apply  the  amount of such reduction in payment of his or her contributions for  old-age and survivors insurance coverage.    c. If the member, at the time of the filing of  an  application  under  the  provisions  of  subdivision  a  of  this section, is eligible for a  service retirement benefit, then and  in  that  event,  he  or  she  may  simultaneously  file an application for service retirement in accordance  with the provisions of section three hundred seventy  of  this  chapter,  provided  that  the  member  indicates  on  the  application for service  retirement that such application  is  filed  without  prejudice  to  the  application for ordinary disability retirement.    d.  An application for an ordinary disability retirement allowance may  be filed, as otherwise provided herein, simultaneously with or after the  filing  of  an  application  for  an  accidental  disability  retirement  allowance, providing a member meets the requirements of this section. If  the  comptroller shall deny the application for an accidental disability  retirement allowance, he or she shall then determine the application for  an ordinary disability retirement allowance. If  the  comptroller  shall  grant the application for an accidental disability retirement allowance,  the  application for an ordinary disability retirement allowance will be  deemed to have been withdrawn.