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

NEW YORK CITY EMPLOYEES’ RETIREMENT SYSTEMUpon application by the retiree, the Medical Board will evaluate the retiree based on the QualifyingCondition or Impairment of Health claimed. The Medical Board must determine whetherthe retiree would have been incapacitated for the performance of duties had the condition beenknown and fully developed at the time of retirement.All approved reclassification cases will have a prospective, not retroactive effect. Any optionselection made upon retirement cannot be changed upon reclassification. Should a case bedenied by the Board of Trustees based on a finding by the Medical Board that the retiree is notdisabled pursuant to the WTC Law, the retiree may refile an application for reclassification no earlierthan 12 months after the date of the Medical Board’s denial. However, such retirees mayrefile sooner if diagnosed with a terminal illness that is a Qualifying Condition or Impairment ofHealth. Retirees who are denied reclassification are not eligible for Final Medical Review.LR: Chapter 104 of the Laws of 2005 as amended by Chapter 93 of the Laws of 2005; Chapter495 of the Laws of 2007; Chapter 489 of the Laws of 2008SR: RSSL §605 subdivision h; RSSL §605-c subdivision b (Deputy Sheriffs); RSSL §607-bsubdivision c (EMT); RSSL §2 (36)EMERGENCY MEDICAL TECHNICIANSThree-Quarters Performance of Duty Disability RetirementEmergency Medical Technicians (EMTs) or Advanced EMTs who become mentally or physicallyincapacitated as a natural and proximate result of an injury sustained in the performance anddischarge of duty on or after March 17, 1996 shall be entitled to a disability benefit equal tothree-quarters of Final Average Salary minus 100% of the annual payment from the Workers'Compensation Board associated with the injury. In order to file an application for this type ofdisability retirement, you must be employed in the title of EMT or Advanced EMT at the time youfile.LR: Chapter 587 of the Laws of 1998SR: RSSL §607-bHeart LawThe Heart Law provides a presumption that a disease of the heart was incurred in the performanceof duty. Emergency Medical Technicians and Paramedics employed by the Fire Departmentof New York who are approved for disability under the Heart Law are entitled to a disabilitybenefit equal to three-quarters of Final Average Salary minus 100% of the annual payment fromthe Workers’ Compensation Board associated with the disease of the heart. The presumption maybe rebutted by competent medical evidence.LR: Chapter 697 of the Laws of 2002SR: General Municipal Law §207-qDISABILITY RETIREMENT54