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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 would be entitled to this disability benefit if, at the time of filing, you are:

  • Under age 60;
  • Physically or mentally 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 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

The benefit would be equal to one-half (50 percent) of your FAS, plus an annuity based on any annuity savings contributions you have made. The mandatory contributions made by Tier 5 and 6 members are not annuity savings contributions, and Tier 5 and 6 members would not receive an annuity based on those contributions.

The State Police disability benefit is paid in addition to any Workers’ Compensation payments or Social Security disability benefits which might be payable.

The sum of the disability retirement benefit, Workers’ Compensation benefit, and Social Security disability benefit cannot exceed your final salary. The portion of your pension which exceeds your final salary will be suspended until the combined benefits are less than or equal to your final salary. “Final salary” is the maximum salary or compensation you would have received in the next higher position from which you last retired for disability.

If you have completed 20 or more years 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 for this benefit 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, the Superintendent of State Police (or the Superintendent’s designee), or someone authorized by you with your power of attorney Adobe pdf may file your application for State Police disability retirement benefits. If you are eligible, applications for the State Police disability retirement benefit, the State Police accidental disability retirement benefit and the service retirement benefit may be submitted simultaneously.

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