Filing For an Accident Disability Pension—3/4’s
You are required to appear before the Medical Board for an examination when you are scheduled to do so. Failure to do so will result in the suspension or closure of your application and depending on your employment status you may lose your eligibility to re-apply.
In some cases, the Medical Board may approve a disability application upon re-examination at a later date. Once a year, any person retired on a Tier 4 disability retirement may be required to be re-examined by the NYCERS Medical Board.
If upon re-examination, the Medical Board determines that you are no longer disabled, the Department of Citywide Administrative Services (DCAS) will place your name on a list of preferred eligible candidates for appointment to a position in a salary grade not exceeding that from which you were retired. Your disability retirement will be paid until which time you are OFFERED a position in City Service. If you return to work, or fail to do so when offered a position, your pension payments will cease. You will need to fight this quickly if in fact you are still disabled.
The Medical Board
LINE OF DUTY DISABILITY RETIREMENT
As of March 17, 1996 a member employed in FDNY EMS as an EMT, Paramedic or supervisor of these titles, who is disabled as the result of an injury sustained in the line of duty is eligible for a special Disability Benefit known as 607b. This benefit is equal to 75% of that members’ final average salary less 100% the annual payments from their Worker’s Compensation Board determination associated with the injury.
There is no requirement that an accident occurred in order to be eligible for this benefit and it also includes disability caused by one of the following:
1) HIV (where the employee may have been exposed to a body fluid of a person under their care, examined or otherwise in contact with while performing their duties)
2) Hepatitis
3) Tuberculosis
It is presumed to have occurred in the line of duty unless the contrary is proved by competent evidence. The Heart Bill, 207Q does not require the cardiac condition to have taken place after March 17, 1996. But you must have had no cardiac problem upon employment with EMS.
There is no income limitation on post retirement earnings under this benefit
