Skip to Content

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 Accidental Disability (Section 363-bb)

  • 1
  • 2
Eligibility

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

  • Permanently incapacitated (physically or mentally) and unable to perform your duties as the natural and proximate result of an accident sustained in service that was not caused by your own willful negligence; and
  • In the service upon which your membership is based. If you are discontinued from this service, voluntarily or involuntarily, subsequent to the accident, your application must be filed within two years after your discontinuance from service.

“Accident” has a specific meaning with NYSLRS disability benefits. We determine whether an incident is an “accident” on a case-by-case basis, using court decisions for guidance.

After filing an application for this benefit, you will have to undergo one or more medical examinations.

Notice of Accident

You must file an application for an accidental disability benefit within one year of the alleged accident. Otherwise, you must have filed a written notice of the accident with:

  • NYSLRS within 90 days of the accident; or
  • Your employer within 30 days of the date of the accident.

This notice must include the time and place of the accident, the details of what happened, the nature and extent of your injuries and the alleged incapacity.

The Benefit

If approved, your benefit will be a lifetime pension equal to 75 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.

You must apply for workers’ compensation benefits if you are eligible. Regardless of tier, the accidental disability benefit will be reduced by the total workers’ compensation benefit that you receive or may be eligible to receive.

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 the State Police disability, the State Police accidental disability and service retirement benefits may be submitted simultaneously.