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Office of the New York State Comptroller’s Seal

NYS Comptroller

Thomas P. DiNapoli

State Police Plan

For PFRS Tier 2, 5 and 6 Members

(Section 381-b)

State Police Disability (Section 363-b)

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Eligibility

You may be entitled to this benefit if, at the time of filing, you are:

  • Under age 60;
  • Permanently incapacitated (physically or mentally) and unable to perform your duties as the natural and proximate result of a disability sustained in service, not caused by your own willful negligence, regardless of your years of service; and
  • In the service upon which your membership is based. If you are discontinued from this service, voluntarily or involuntarily, and the disability is work-related, you may apply within two years of the discontinuance. If the disability is not work-related, you must apply within 90 days of the discontinuance.

For a disability not sustained in service, you must have at least five years of service credit earned in the Division of State Police.

For this benefit, “service” is when you are:

  • On the payroll;
  • On an authorized medical leave of absence (with or without pay); or
  • Receiving workers’ compensation or similar employer-funded benefits, as long as you have not resigned or been terminated while receiving those benefits.
The Benefit

If approved, your benefit will be 50 percent of your FAS, plus an annuity based on any annuity savings contributions you have made. Mandatory contributions made by Tier 5 and 6 members are not annuity savings contributions, and Tier 5 and 6 members do not receive annuities based on those contributions.

The State Police disability benefit is paid in addition to any workers’ compensation payments or Social Security disability benefits.

The sum of a State Police disability benefit, workers’ compensation benefit and Social Security disability benefit cannot exceed your final salary. The law defines “final salary” as the maximum salary or compensation you would have received in the next higher position from which you retired. The portion of your pension which exceeds your final salary will be suspended until your combined benefits are less than or equal to your final salary.

If you have 20 years or more of service and are eligible for service retirement, your disability benefit will equal your service retirement benefit.

If the application is approved, you will receive benefits from the filing date of the application or from the day after the date you were last paid, whichever is later.

You must select an option for the payment of your disability benefits.

Filing

You or the Superintendent of State Police (or the Superintendent’s designee) can file a disability retirement application, or someone may be authorized to file on your behalf. For example, your attorney, a power of attorney (POA) Adobe pdf or a court-appointed guardian, who has been granted authority by the court, may file.

If you are eligible, applications for State Police disability, State Police accidental disability and regular service retirement benefits may be submitted simultaneously.