What Are the Differences Between Ordinary, Accidental and Performance of Duty Disability Retirement Benefits?
- posted: May 31, 2025
Securing the benefits you are entitled to under the New York State and Local Retirement System (NYSLRS) can be daunting. If you are permanently unable to work due to a serious medical condition, obtaining the appropriate disability retirement payments is a top priority. There are different options within the system and consulting with an experienced lawyer can help ensure that you complete the correct application.
When an on-the-job accident results in a disabling condition serious enough to force them into retirement, that employee must provide notice of the incident within 30 days to their employer or 90 days to NYSLRS. Someone who is granted accident disability retirement benefits receives payments equaling 75 percent of their Final Average Earnings (FAE). Typically, FAE is calculated by averaging the annual wages for the three consecutive years in which the employee earned the most income. Any voluntary contributions are paid out as an annuity.
Conversely, performance of duty disability benefits are available to certain employees within NYSLRS who have developed a permanent physical or mental incapacity as a result of their job duties. These claims differ from accident disability retirement applications, because they don’t stem from a single incident, but long-term effects suffered by employees such as police officers, firefighters and corrections officers due to the nature of their jobs. Eligibility for performance of duty disability benefits does not require a specific amount of service credit, so long as the injury or illness was sustained during the employee’s service and did not result from their own “willful negligence.” If approved, your benefit will be 50 percent of your FAE, plus an annuity based on any voluntary contributions you may have made and accrued interest.
Eligible employees with at least 10 years of NYSLRS service credits who can no longer perform their work duties due to a permanent physical or mental incapacity unrelated to their job may qualify for ordinary disability retirement benefits. These benefits are calculated based on the number of years the claimant received service credits, with a maximum benefit amount equivalent to one-third of FAE.
Should you experience a condition for which New York State disability retirement benefits are warranted, Peter M. Cordovano, P.C. can help. I have decades of experience successfully representing clients throughout the state in NYSLRS matters. Please call 845-640-3846 or contact me online for a free consultation. My office is in Highland.
What Are the Differences Between Ordinary, Accidental and Performance of Duty Disability Retirement Benefits?
- posted: May 31, 2025
Securing the benefits you are entitled to under the New York State and Local Retirement System (NYSLRS) can be daunting. If you are permanently unable to work due to a serious medical condition, obtaining the appropriate disability retirement payments is a top priority. There are different options within the system and consulting with an experienced lawyer can help ensure that you complete the correct application.
When an on-the-job accident results in a disabling condition serious enough to force them into retirement, that employee must provide notice of the incident within 30 days to their employer or 90 days to NYSLRS. Someone who is granted accident disability retirement benefits receives payments equaling 75 percent of their Final Average Earnings (FAE). Typically, FAE is calculated by averaging the annual wages for the three consecutive years in which the employee earned the most income. Any voluntary contributions are paid out as an annuity.
Conversely, performance of duty disability benefits are available to certain employees within NYSLRS who have developed a permanent physical or mental incapacity as a result of their job duties. These claims differ from accident disability retirement applications, because they don’t stem from a single incident, but long-term effects suffered by employees such as police officers, firefighters and corrections officers due to the nature of their jobs. Eligibility for performance of duty disability benefits does not require a specific amount of service credit, so long as the injury or illness was sustained during the employee’s service and did not result from their own “willful negligence.” If approved, your benefit will be 50 percent of your FAE, plus an annuity based on any voluntary contributions you may have made and accrued interest.
Eligible employees with at least 10 years of NYSLRS service credits who can no longer perform their work duties due to a permanent physical or mental incapacity unrelated to their job may qualify for ordinary disability retirement benefits. These benefits are calculated based on the number of years the claimant received service credits, with a maximum benefit amount equivalent to one-third of FAE.
Should you experience a condition for which New York State disability retirement benefits are warranted, Peter M. Cordovano, P.C. can help. I have decades of experience successfully representing clients throughout the state in NYSLRS matters. Please call 845-640-3846 or contact me online for a free consultation. My office is in Highland.
