62-5 SPD:62/5 SPD.qxd - NYCERS

DISABILITY RETIREMENTNo one likes to think of becoming disabled. Though it may be unpleasant to think about, it isprudent to learn about NYCERS’ disability benefits.In the event you become physically or mentally incapacitated and cannot continue to performthe duties of your job title, you may be eligible to collect a Disability Retirement Benefit, providedyou meet the eligibility requirements specified below. In addition to meeting the eligibilityrequirements, the application filing process must be adhered to, so it is imperative that youreview ALL requirements set forth in this section. If you are in a title covered by a special disabilitybenefit, your eligibility and filing requirements may differ. Please refer to the “Special DisabilityProvisions” subsection for more details.DISABILITY RETIREMENT - ELIGIBILITYProvided that you meet the filing requirements for your title, you are eligible to receive a DisabilityRetirement Benefit at any age, if:You have ten or more years of Credited Service; ANDNYCERS' Medical Board determines that:1) you are physically or mentally incapacitated to perform the duties of your job title;AND2) you were so incapacitated at the time you ceased performance of your duties.LR: Chapter 414 of the Laws of 1983SR: RSSL §605 subdivisions b(1) and cProvided that you meet the filing requirements for your title, you are also eligible to receive a DisabilityRetirement Benefit at any age, if:You have less than ten years of Credited Service; ANDNYCERS' Medical Board determines that:NEW YORK CITY EMPLOYEES’ RETIREMENT SYSTEM1) you are physically or mentally incapacitated to perform the duties of your job title;AND2) you were so incapacitated at the time you ceased the performance of your duties;AND3) your disability is the result of an accidental injury sustained while a NYCERS memberin City service, in the performance of your duties, and not caused by your own willfulnegligence.DISABILITY RETIREMENT46LR: Chapter 414 of the Laws of 1983SR: RSSL §605 subdivision b(3)Definition of an AccidentA stringent standard is used when determining which disabling injuries qualify as an accident.The term “accident” has been defined by the courts as “a sudden, fortuitous mischance, unexpected,out of the ordinary, and injurious in impact.” Injuries sustained while performing routineduties, not resulting from unexpected events, are not accidents. Injuries sustained by sudden,unexpected events which are not a risk of the work performed, are usually considered to beaccidents.