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

SUMMARY PLAN DESCRIPTION - 62/5 TIER 4 MEMBERS VERSION APRIL 2012FINAL MEDICAL REVIEWTier 4 members have the opportunity to contest the findings and recommendation of NYCERS’Medical Board through a process called Final Medical Review.In order to elect Final Medical Review, a request must be made on your behalf by either your bargainingrepresentative or by the head of the agency in which you are employed. In addition, youmust waive your right to challenge the decision in court. The request and the completed waivermust be received by NYCERS within 45 working days from your receipt of the Board of Trustees'letter indicating denial of your disability retirement application. Information on Final MedicalReview is sent after the Board of Trustees ratifies the Medical Board's recommendation of denial.Once you choose to proceed with Final Medical Review, NYCERS will forward your currentapplication, supporting documentation and all Medical Board reports to a Special MedicalReview Committee of three independent doctors selected by a Final Medical Review Coordinator.You cannot submit any additional medical evidence to these doctors. Your union and theCity will pay the fee for each examination conducted by the committee.The Board of Trustees must accept the findings and recommendation of the Special MedicalReview Committee, resulting in a final and conclusive administrative determination. You waivedyour right to challenge this determination in court when you elected Final Medical Review.LR: Chapter 607 of the Laws of 1998SR: RSSL §605 subdivision e; NYC Administrative Code §13-169 (cross-reference)DISABILITY RETIREMENT BENEFITIf your application for disability retirement is approved by NYCERS’ Medical Board, the DisabilityRetirement Benefit is equal to the greater of:1.67% times Final Average Salary (FAS) times years of Credited Service, OR1/3 of your FAS, EXCEPTwhere a member is eligible to receive a Service Retirement Benefit, and that benefit isgreater than either of the above calculations, then the member will receive a DisabilityRetirement Benefit equal to the Service Retirement Benefit.As is the case with Service Retirement, a Disability Retirement Benefit is payable as a MaximumRetirement Allowance or in an optional form elected by you at retirement. A deficit in anyof your contribution accounts, or outstanding loans at retirement, will result in a reduction in yourretirement benefit.NOTE: 62/5 Plan members who are in EMT titles or who are NYC Deputy Sheriffs and qualifyfor a performance of duty or accidental disability benefit, respectively, should refer to pages 54and 55.LR: Chapter 601 of the Laws of 1997SR: RSSL §605 subdivision d (3)WWW.NYCERS.ORGDISABILITY RETIREMENT51