§ 507-a. Disability retirement. a. Subject to the provisions of
subdivision e of this section, application for a disability retirement
allowance for a member in the uniformed personnel in institutions under
the jurisdiction of the department of corrections and community
supervision of New York state as defined in subdivision i of section
eighty-nine of this chapter or for a member serving in institutions who
is also in a title defined in such subdivision and who has made an
election pursuant to the provisions of article seventeen of this chapter
or the New York city department of correction may be made by:

1. Such member, or

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

b. 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. The application must be filed within three months from the last
date the member was being paid on the payroll or within twelve months of
the last date he was being paid on the payroll provided he was on a
leave of absence for medical reasons without pay during such twelve
month period provided the member was disabled at the time he ceased
being paid.

3. Provided, however, if the retirement system determines that such
member was physically or mentally incapacitated for performance of
gainful employment as the natural and proximate result of an accident
not caused by his own willful negligence sustained in the performance of
his duties in active service while actually a member of the retirement
system the requirement that the member should have ten years of credited
service shall be inapplicable.

c. If the retirement system determines that the member is physically
or mentally incapacitated for the performance of gainful employment, and
that he was so incapacitated at the time he ceased his performance of
duties and ought to be retired for disability, he shall be so retired.
Each retirement system shall be entitled to adopt appropriate procedures
for making the foregoing determination, including but not limited to the
conducting of medical examinations, if any, for the purpose of
determining initial entitlement of an applicant for disability
retirement or to continued entitlement to a disability retirement
allowance. Such retirement shall be effective as of a date approved by
the head of the retirement system.

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

1. In the case of a member of a retirement system other than the New
York city employees' retirement system, if the member has attained age
sixty when such retirement becomes effective, his retirement allowance
shall be equal to that which he would receive in the case of service
retirement at normal retirement age based on his credited service but in
no event shall such retirement allowance exceed the amount he would have
received pursuant to paragraph two of this subdivision.

2. In the case of a member of a retirement system other than the New
York city employees' retirement system, if the member has not attained
age sixty when such retirement becomes effective, his retirement
allowance shall consist of a retirement allowance which shall equal
one-sixtieth of his final average salary multiplied by the number of
years of his credited service, 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 retirement
allowance 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 provided that the resulting retirement allowance computed by
resort to this formula shall not exceed one-third of the member's final
average salary.

3. In the case of a member of the New York city employees' retirement
system, his retirement allowance shall be equal to the greater of:

(i) one-third of his final average salary; or

(ii) one-sixtieth of his final average salary multiplied by the number
of years of his credited service; provided, however, that where such
member is otherwise eligible to retire for service, and the retirement
allowance which he would receive in the case of service retirement is
larger than the retirement allowance he would otherwise receive under
this subparagraph or subparagraph (i) of this paragraph, his disability
retirement allowance pursuant to this paragraph shall be equal to the
retirement allowance he would receive if he had retired for service.

e. Notwithstanding the preceding subdivisions of this section to the
contrary, this section shall not apply to a member of the uniformed
force of the New York city department of correction who is a New York
city uniformed correction/sanitation revised plan member.