N.Y. Comp. Codes R. & Regs. tit. 21 § 5020.4

Current through Register Vol. 46, No. 45, November 2, 2024

Section 5020.4 - Procedures for determining initial entitlement of an applicant to disability retirement and to continued entitlement to disability retirement

(a) The Medical Board appointed pursuant to subdivision 6 of section 507 of the Education Law shall review applications for disability retirement and make a recommendation approving or disapproving each application and shall annually, or at such other time as it shall determine, review the case of each disability retiree and make a recommendation either to rescind or continue the disability retirement.

(b) The Medical Board may designate other physicians to make such medical examinations as it may require. Should any disability applicant refuse to submit to such medical examination, the application shall be summarily denied, and should any disability retiree refuse to submit to such medical examination, the disability retirement shall be automatically terminated and all rights to his disability retirement allowance shall be forfeited.

(c) A member who:

(1) has duly filed an application for disability retirement;

(2) has validly elected, as applicable, the declining reserve option or the alternative option providing for the payment of a lump sum only; and

(3) is otherwise eligible to retire for disability pursuant to section 511 of the Education Law or section 605 of the Retirement and Social Security Law;

shall be eligible to have such optional allowance paid in lieu of any active service death benefit, notwithstanding the member's death before the retirement becomes effective, provided it is established the cause of the member's death is directly related to the member's physical or mental incapacitation.

(d) A member who:

(1) is eligible to retire for service and has duly filed an application for service retirement; and

(2) has validly elected, as applicable, the declining reserve option or the alternative option providing for the payment of a lump sum only; but

(3) is otherwise eligible to retire for disability pursuant to section 511 of the Education Law or section 605 of the Retirement and Social Security Law;

shall be deemed to have simultaneously applied for disability retirement and shall be eligible to have such optional allowance paid in lieu of any active service death benefit, notwithstanding the member's death before the retirement becomes effective, provided it is established the cause of the member's death is directly related to the member's physical or mental incapacitation. Insofar as such application shall be deemed an application for disability retirement, such application for disability retirement shall be deemed canceled upon the member's retirement for service.

(e) In the cases described in subdivisions (c) and (d) of this section, the burden of establishing the mental or physical incapacitation, the cause of death, and the relationship of such incapacitation to the cause of death shall be upon the person or persons seeking to avail themselves of this subdivision. Physician, hospital and medical records relating to the foregoing shall, upon receipt by the system, be deemed a part of the member's application for disability retirement.

N.Y. Comp. Codes R. & Regs. Tit. 21 § 5020.4