§ 362. Ordinary disability retirement. a. Application for an ordinary
disability retirement allowance for a member may be made by:

1. Such member, or

2. The head of the department in which such member is employed, or

3. Some person acting on behalf of and authorized by such member.

aa. At the time of the filing of an application pursuant to this
section, the member must:

1. Have at least ten years of total service credit, and

2. Actually be in service upon which his membership is based, or, have
been discontinued from service, either voluntarily or involuntarily, for
not more than ninety days, providing the member was disabled prior to
such discontinuance.
After the filing of such an application, such member shall be given one
or more medical examinations. If the comptroller determines that the
member is physically or mentally incapacitated for the performance of
duty and ought to be retired for ordinary disability, he shall be so
retired. Such retirement shall be effective as of a date approved by the
comptroller.

b. Upon retirement for ordinary disability one of the following
retirement allowances shall be payable:

1. If a member has attained age sixty when such retirement becomes
effective, his or her retirement allowance shall be equal to that which
he or she would receive in the case of superannuation retirement, unless
the member is enrolled in a plan provided under section three hundred
seventy-a, three hundred seventy-one-a or three hundred seventy-five of
this article, in which case the benefit shall be calculated in the
manner described in clause two of subparagraph (c) of paragraph two of
this subdivision.

2. If the member has not attained age sixty when such retirement
becomes effective, his retirement allowance shall consist of:

(a) An annuity which shall be the actuarial equivalent of his
accumulated contributions at the time of his retirement, plus

(b) A pension which is the actuarial equivalent of the
reserve-for-increased-take-home-pay to which he may then be entitled, if
any, plus

(c) A pension computed in accordance with whichever of the following
provides the greater benefit:

(1) A pension which, together with the member's annuity and the
pension-providing-for-increased-take-home-pay, if any, shall equal
ninety per centum of one-seventieth of his final average salary
multiplied by the number of years of his total service credit, which
formula shall be used only if the retirement allowance so computed
exceeds one-quarter of his final average salary.

If the retirement allowance so computed shall amount to one-quarter or
less of the member's final average salary, his pension shall be computed
upon the basis of the total service which he would have rendered if he
continued in service until he attained age sixty so far as the resulting
retirement allowance computed by resort to this formula shall not exceed
one-quarter of the member's final average salary.

(2) A pension which together with the member's annuity and the
pension-providing-for-increased-take-home-pay, if any, shall equal
one-sixtieth of his final average salary multiplied by the number of
years of his total service credit, which formula shall be used only if
the retirement allowance so computed exceeds one-third of his final
average salary. If the retirement allowance so computed shall amount to
one-third or less of the member's final average salary, his pension
shall be computed upon the basis of the total service which he would
have rendered if he continued in service until he attained age sixty so
far as the resulting retirement allowance computed by resort to this
formula shall not exceed one-third of the member's final average salary.
In the case of persons who last became members on or after July first,
nineteen hundred seventy-three, the provisions of this item (2) shall
apply only to those who file an application for ordinary disability
retirement with the comptroller prior to July first, nineteen hundred
seventy-four.
For the purpose only of determining the amount of a pension pursuant to
any of the above formulae, the annuity shall be computed as it would be:

(aa) If not reduced by the actuarial equivalent of any outstanding
loan, and

(bb) If not increased by the actuarial equivalent of any additional
contributions, and

(cc) If not reduced by reason of the member's election to decrease his
or her annuity contributions to the police and fire retirement system in
order to apply the amount of such reduction in payment of his or her
contributions for old-age and survivors insurance coverage.

c. If the member, at the time of the filing of an application under
the provisions of subdivision a hereof, is eligible for a service
retirement benefit, then and in that event, he may simultaneously file
an application for service retirement in accordance with the provisions
of section three hundred seventy of this chapter, provided that the
member indicates on the application for service retirement that such
application is filed without prejudice to the application for ordinary
disability retirement.

d. An application for an ordinary disability retirement allowance may
be filed, as otherwise provided herein, simultaneously with or after the
filing of an application for an accidental disability retirement
allowance, providing a member meets the requirements of this section. If
the comptroller shall grant the application for an accidental disability
retirement allowance and the application for an ordinary disability
retirement allowance, the accidental disability retirement allowance
shall become payable unless the applicant files a timely written request
with the comptroller to receive the ordinary disability retirement
allowance in lieu of the accidental disability retirement allowance, in
which case the ordinary disability retirement allowance shall become
payable. To become effective, such written request must be filed with
the comptroller within thirty days following notification that the
applications for ordinary disability retirement and accidental
disability retirement have both been granted.