§ 511. Disability retirement. 1. Retirement on account of disability
shall be made under the following conditions: A member who has completed
at least fifteen years of total state service or a member who is a
present teacher and who has completed twenty years of service, the last
ten of which were state service, may be retired on account of disability
either upon the application of his employer or upon his own application
or that of a person acting in his behalf, if the retirement board, after
a medical examination of said member by a physician or physicians
designated by said board shall determine upon the basis of a report
submitted by said physician or physicians that the said member is
physically or mentally incapacitated for the performance of duty, that
he was incapacitated at the time he ceased teaching and that said member
ought to be retired.

2. On retirement for disability, a member shall receive a
superannuation retirement allowance if his state service is twenty-five
or more years and he has attained age sixty or if his total service is
thirty-five or more years; otherwise, he shall receive a disability
retirement allowance which shall consist of:

a. An annuity which shall be the actuarial equivalent of his
accumulated contributions at the time of his retirement; and

b. A pension of one-fifth (1/5) of his final average salary, with the
exception that in no case shall the rate of such pension exceed
four-fifths (4/5) of the rate of pension to which he might have been
entitled had retirement been deferred until the age of seventy as
provided under paragraph b of subdivision one of section five hundred
ten; and

c. If he be a present teacher, a further pension of one one-hundred
fortieth (1/140) of his final average salary multiplied by the number of
years of total service certified on his prior service certificate, and

d. If the member has contributed pursuant to paragraph c of
subdivision three of section five hundred sixteen, a pension, in lieu of
the pension provided under paragraph b of subdivision two of this
section, of nine-tenths (9/10) of one one-hundredth (1/100) of his final
average salary multiplied by the number of years of total service not in
excess of twenty-five years, but not less than twenty (20) per centum of
his final average salary, plus nine-tenths (9/10) of one one-hundred
twentieth (1/120) of his final average salary multiplied by the number
of years of total service in excess of twenty-five years but not in
excess of thirty-five years, nor in excess of the number of years for
which credit is allowed under paragraph d of subdivision three of
section five hundred sixteen.

3. On and after July first, nineteen hundred seventy, a member who has
credit for ten years of full time state service, including at least two
years of such service rendered subsequent to June thirtieth, nineteen
hundred sixty-seven and subsequent to the date upon which he last joined
the retirement system and who is under age fifty-five, and otherwise
meets the requirements of subdivision one of this section, may be
retired on account of disability by the filing of an application with
the retirement board as required by subdivision one of this section.
Upon such retirement, he shall receive, in lieu of the retirement
allowance specified in subdivision two of this section and the pension
for increased-take-home-pay otherwise authorized in this article, a
disability retirement pension consisting of:

a. a pension of one-sixtieth of his final average salary multiplied by
the number of his years of credited state service rendered after June
thirtieth, nineteen hundred fifty-nine and

b. a pension of one-seventieth of his final average salary multiplied
by the number of his years of credited state service rendered before
July first, nineteen hundred fifty-nine and

c. a pension of one one-hundred twentieth of his final average salary
multiplied by the number of his years of credited out-of-state service.

In no event shall the disability pension be less than one-sixtieth of
the member's final average salary multiplied by the number of years of
total service, not to exceed twenty, which would have been credited to
the member had he remained in service until age sixty; provided,
however, that for members who are credited with service prior to July
first, nineteen hundred fifty-nine, the minimum pension as so determined
shall be reduced by one quarter of one per cent of final average salary
multiplied by the number of his years of service prior to July first,
nineteen hundred fifty-nine.

On retirement for disability, in addition to the pension hereinabove
provided, a member shall receive an annuity which shall be the actuarial
equivalent of his accumulated contributions at the time of his
retirement.

On and after July first, nineteen hundred seventy-seven, a member who
is age fifty-five or over and who otherwise meets the requirements of
this subdivision, shall receive on retirement for disability the
retirement allowance he would have received had he filed for a service
retirement.

On or after October sixteenth, nineteen hundred ninety-two, the
disability pension shall in no event be less than:

a. in the case of a member under age sixty, the greater of (i)
one-sixtieth of the member's final average salary multiplied by the
number of years of total service, which formula is to be used if the
pension so computed exceeds one-third of the member's final average
salary, or (ii) one-sixtieth of the member's final average salary
multiplied by the number of years of total service, not to exceed
twenty, which would have been credited to the member had he remained in
service until age sixty; or

b. in the case of a member age sixty or over, one-sixtieth of the
member's final average salary multiplied by the number of years of total
service.

Notwithstanding anything to the contrary in this article, any member
who shall receive a disability retirement allowance pursuant to this
subdivision shall be required once each year or at such other interval
as the retirement board may determine to undergo a medical examination
by a physician or physicians designated by the retirement board. Should
any disability beneficiary refuse to submit to a medical examination,
his retirement allowance shall be discontinued until his withdrawal of
such refusal, and should refusal continue for one year all rights in and
to his pension shall be forfeited.

In the case of persons who last became members on or after July first,
nineteen hundred seventy-three, the provisions of this subdivision shall
apply only until July first, nineteen hundred seventy-four.

4. Once each year or at such other interval as the retirement board
may determine, following the retirement of a teacher who joined the New
York state teachers retirement system on or after July first, nineteen
hundred sixty-one, on a disability allowance, or once each year during
the first five years following the retirement of the teacher who joined
the New York state teachers retirement system prior to July first,
nineteen hundred sixty-one, on a disability allowance the retirement
board may, and upon his application shall, require any disability
beneficiary to undergo medical examination by a physician or physicians
designated by the retirement board. Should any disability beneficiary
refuse to submit to a medical examination, his retirement allowance
shall be discontinued until his withdrawal of such refusal, and should
such refusal continue for one year, all his rights in and to his pension
shall be forfeited.

5. Should the physician or physicians designated by the retirement
board report and certify to the retirement board that such disability
beneficiary is engaged in or is able to engage in a gainful occupation
paying more than the difference between his retirement allowance and his
final average salary, and should the retirement board concur in such
report, then the amount of his pension shall be reduced to an amount
which, when added to the amount earnable by him, together with his
annuity shall equal the amount of his final average salary. Should his
earning capacity be later changed, then the amount of his pension may be
further altered; provided, that the new pension shall not exceed the
amount of the pension originally granted nor an amount which when added
to the amount earned by the beneficiary, together with his annuity
equals the amount of his final average salary. A beneficiary restored to
active service at a salary less than the final average salary or upon
the basis of which he was retired shall not become a member of the
retirement system while receiving a reduced pension. Notwithstanding any
other provision of this article, the term "final average salary" as used
in this subdivision four, shall mean either "final average salary" as
defined by subdivision eleven of section five hundred one, or the
maximum salary or compensation which the retired member currently would
be receiving in the position from which he was last retired for
disability, if he had not been so retired, whichever is greater,
provided, however, that if the position from which he was so retired has
been abolished, the retirement board, upon the basis of salary or
compensation currently paid by the retired member's last employer to
persons in similar or comparable position, shall determine, for the
purposes of this subdivision four, the maximum amount of salary or
compensation which such retired member currently would be receiving in
such position.

6. Should a disability beneficiary be restored to active service at a
salary as great as his final average salary, his retirement allowance
shall cease, and he shall again become a member of the retirement
system, and his annuity reserve shall be transferred from the annuity
reserve fund to the annuity savings fund and credited to his individual
account as a part of his accumulated contributions in the latter fund,
and he shall contribute to the said fund thereafter in the same manner
and at the same rate as he paid prior to his disability. His prior
service certificate on the basis of which his service was computed at
the time of his retirement shall be renewed and shall again be in full
force and effect, and in addition, upon his subsequent retirement, he
shall be credited with all his service as a member subsequent to the
period covered by his prior service certificate.

7. The retirement board shall adopt appropriate rules and regulations
providing for the reimbursement of reasonable expenses actually incurred
by a member in attending medical examinations by physicians designated
by the retirement board pursuant to this section. After determining the
reasonableness thereof, the retirement board shall approve payment of
such expenses from the expense fund.

8. a. Notwithstanding any other provision of law to the contrary, a
member who has applied for disability retirement pursuant to this
section, or, in the case of a member subject to article fifteen of the
retirement and social security law, pursuant to section six hundred five
of such law and has validly elected the applicable optional allowance
specified in paragraph e of this subdivision and is otherwise eligible
to retire for disability pursuant to the provisions of this section
shall be entitled to the benefits of this subdivision in lieu of any
pre-retirement death benefit which otherwise would have been payable,
but for the operation of this subdivision. Such member shall be deemed
to have elected the benefits of this subdivision unless the member shall
have indicated in a manner prescribed by the retirement board that the
member does not wish to avail himself of such benefits.

b. In the event such member dies, and such application for disability
retirement has not become effective and has not been rejected, and it is
determined by the retirement board, upon recommendation of the medical
board, that the physical or mental incapacitation specified in such
application was directly related to the cause of the member's death,
such application shall be deemed approved by the retirement board,
effective one day prior to the date of the member's death. In such
event, the optional allowance elected by such member shall be effective
and no pre-retirement death benefit shall be payable.

c. In the event no optional allowance specified in paragraph e of this
subdivision was elected by the member, or it is determined by the
retirement board, upon recommendation of the medical board, that the
physical or mental incapacitation specified in such application was not
directly related to the cause of the member's death, this subdivision
shall not apply and the applicable pre-retirement death benefit, if any,
shall be payable.

d. If a member satisfying the provisions of paragraph a of this
subdivision is, at the time the member files an application for
disability retirement, eligible to retire for service under this
article, the member may simultaneously apply for service retirement,
provided the member indicates the application for disability retirement
is without prejudice to the member's application for service retirement.
Upon retirement for service, the member's application for disability
retirement shall be deemed cancelled.

e. An eligible optional allowance for the purposes of this subdivision
shall only include Option one and Option four pursuant to section five
hundred thirteen of this article in the case of a member who has applied
for disability retirement pursuant to this section, and the Alternative
Option pursuant to subdivision a-one of section six hundred ten of the
retirement and social security law in the case of a member who has
applied for disability retirement pursuant to section six hundred five
of such law, provided that in the case of Option four and the
Alternative Option, the optional allowance elected by the member must
provide only for the payment upon the member's death of a lump sum and
such lump sum must be greater in amount than the amount of the death
benefit, if any, which would have been paid but for the operation of
this subdivision.

f. The retirement board is authorized to adopt such rules and
regulations as it deems necessary to implement the provisions of this
section.

9. a. Any law to the contrary notwithstanding, a member who satisfies
the requirements of paragraph b of this subdivision and is otherwise
eligible (disregarding any service requirement) to retire for disability
pursuant to this section or section five hundred six or six hundred five
of the retirement and social security law, as applicable, may elect to
receive a benefit equal to the death benefit which would have been paid,
had such member died on the member's last day on the payroll in full pay
status, pursuant to section five hundred twelve of this article or
section four hundred forty-eight, five hundred eight or six hundred six
of the retirement and social security law, as applicable.

b. To be eligible for the benefit provided in paragraph a of this
subdivision, a member must have been determined by the system to have
(i) a terminal illness resulting in a life expectancy of no more than
twelve months, or (ii) a medical condition of a long continued and
indefinite duration requiring extraordinary care or treatment regardless
of life expectancy.

c. The benefit provided in paragraph a of this subdivision shall be in
lieu of any disability benefit to which the member may otherwise be
entitled. A member who is otherwise eligible to retire for disability
must elect the benefit provided in paragraph a of this subdivision no
later than the thirtieth day following the day on which (i) the system
notifies the member that the member has been retired for disability, or
(ii) the member is first eligible to commence receiving a disability
retirement benefit, whichever is later. Such election, when made, shall
be irrevocable.

d. Except as provided in this paragraph, a member electing the benefit
provided in paragraph a of this subdivision shall for all purposes be
deemed to have been retired for disability. Notwithstanding the
foregoing, should a member who has elected the benefit provided in
paragraph a of this subdivision thereafter be restored to active service
and again become a member of the system,

(i) no death benefit shall be payable pursuant to section five hundred
twelve of this article or section four hundred forty-eight, five hundred
eight or six hundred six of the retirement and social security law, as
applicable in the event of the member's subsequent death, and

(ii) unless such member shall have rendered five years of credited
service since last becoming a member of the system, any retirement
benefit to which such member may thereafter become entitled shall be
reduced by the actuarial value of the benefit paid pursuant to paragraph
a of this subdivision (less the actuarial value of any applicable
post-retirement death benefit which would have been available, but for
this paragraph).

e. The retirement board is authorized to adopt such rules and
regulations as it may deem necessary to implement the provisions of this
subdivision.