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

SUMMARY PLAN DESCRIPTION - 62/5 TIER 4 MEMBERS VERSION APRIL 2012Hepatitis, AIDS and Tuberculosis (HAT) LawThe HAT Law provides that an EMT or Advanced EMT who contracts HIV (where he or she mayhave been exposed to bodily fluids of a person under his or her care or treatment, or while themember examined, transported or had contact with such person in the performance of duties),tuberculosis or hepatitis, will be presumed to have contracted such disease in the performanceand discharge of duty. Members approved for disability under this law are entitled to a disabilitybenefit equal to three-quarters of Final Average Salary minus 100% of the annual paymentfrom the Workers’ Compensation Board associated with the disabling condition. The presumptionmay be rebutted by competent medical evidence.LR: Chapter 587 of the Laws of 1998SR: General Municipal Law §207-o; RSSL §607-bNEW YORK CITY DEPUTY SHERIFFSThree-Quarters Accidental Disability RetirementNYC Deputy Sheriffs who become physically or mentally incapacitated for the performance ofduties as the natural and proximate result of an accident, not caused by their willful negligence,are entitled to a disability benefit equal to three-quarters of Final Compensation. Final Compensationis defined as wages earned during any five consecutive years (subject to certain limitations),minus 100% of the annual payment from the Workers’ Compensation Board associatedwith the injury. In order to file an application for this type of disability benefit, you must beemployed in a Deputy Sheriff title specified in the law at the time you file.LR: Chapter 516 of the Laws of 2003SR: RSSL §605-cPOST-RETIREMENTEARNINGS LIMITATIONSFOR DISABILITY RETIREESTier 4 disability retirees of NYCERS are required to report any additional earnings received afterthe effective date of retirement. This requirement is in effect each year for as long as the retireereceives a disability pension and entails the reporting of such additional earnings received in theprior calendar year. Disability retirees are required to complete Form #351 (Affidavit of PersonalService Income) on an annual basis, specifying earnings from the public and/or private sectorsfor the preceding calendar year. Failure to comply with this requirement will result in the suspensionof future monthly pension payments until Form #351 is completed and submitted toNYCERS along with any pertinent documentation.Personal Service Income is defined as any income earned from the public and/or private sectorsexcluding the Disability Retirement Benefit received from NYCERS, Social Security benefits,Workers’ Compensation payments or any income earned from rental property, stocks, bonds,IRAs and interest earned on deposits in bank accounts.Depending on which disability provision a retiree retired under, Personal Service Income may besubject to a yearly cap, referred to as the Income Limitation.WWW.NYCERS.ORGDISABILITY RETIREMENT55