Eligibility Requirements

Determining your eligibility for disability retirement is based on a number of factors, including laws, the type of disability, your Tier and Plan, and years of service. To simplify, we’ll consolidate the various disability laws into two main categories: Ordinary Disability and Accident Disability.

Ordinary Disability

An ordinary disability is defined as an injury or illness that prevents you from performing the routine duties of your job title.

Accident Disability

Performance of Duty Accident Disability

If your disability was caused by a sudden, unexpected, or out of the ordinary incident while you were performing a routine duty of your job, you may qualify for a Performance of Duty Accident Disability. 

To be eligible for an Ordinary Disability, the applicant must be:

  • Disabled with 10 years of Credited Service, OR;
  • Disabled after five or more years of Credited Service and awarded Social Security Disability Benefits (Corrections and Tier 4 Members with Tier 3 Rights only).

If you are in a title covered by a special disability benefit, your eligibility and filing requirements may differ.

Learn more about Ordinary Disability Retirement for your Tier and Plan by visiting nycers.org/plan-descriptions.

Presumption of Law Accident Disability

Additionally, New York State law presumes that certain job titles include duties and responsibilities that make it more likely to contract or develop certain diseases, or qualifying conditions, and allows eligible members to apply for a Presumption of Law Accident Disability.

To be eligible for a Performance of Duty Accident Disability, the applicant must:

  • Have a disability that is verifiably the result of a job-related accident, not caused by their own willful negligence.

Note: If you are in a uniformed title with the Department of Corrections, an Emergency Medical Technician (EMT), or a Deputy Sheriff, you must file your application for a Performance of Duty Accident Disability while you are still employed in that title.

Learn more about Performance of Duty Accident Disability Retirement for your Tier and Plan by visiting nycers.org/plan-descriptions.

World Trade Center (WTC) Disability Law

The WTC Disability Law provides a presumption that an applicant sustained an illness as a result of a performance of duties in connection with the World Trade Center (WTC) tragedy of September 11, 2001.
To be eligible, the applicant must:

  1. Be found disabled from a claimed Qualified WTC Condition AND;
  2. Be a NYCERS’ member, vested member, or retiree (retired after 9/11/01) with verified participation in WTC Rescue, Recovery and Clean up activities AND;
  3. Have worked for any amount of time in WTC Rescue, Recovery and Clean-up activities on September 11, 2001 or September 12, 2001 OR for a total of 40 hours between September 11, 2001 and September 12, 2002 AND;
  4. Have participation verified by your agency or as a result of a review by the NYCERS Board of Trustees WTC Review Committee.

For additional information, visit nycers.org/wtc.

Heart Law

The Heart Law provides a presumption that a disease of the heart was incurred in the performance of duty.
To be eligible, the applicant must:

  1. Be in the title of Emergency Medical Technician (EMT), Uniformed Correction Force or Uniformed Sanitation Force AND;
  2. Have competent Medical evidence to support the claim.

Hepatitis, AIDS and Tuberculosis (HAT) Law

​The Hepatitis, AIDS and Tuberculosis (HAT) Law provides a presumption that an applicant who contracts HIV (where they may have been exposed to bodily fluids of another person), tuberculosis or hepatitis, was incurred in the performance of duty.
To be eligible, the applicant must:

  1. Be in the title of Emergency Medical Technician (EMT) or Uniformed Correction Force AND;
  2. Have competent Medical evidence to support the claim.

Learn more about Presumption of Law Accident Disability Retirement for your Tier and Plan by visiting nycers.org/plan-descriptions.

Next – Apply for Disability Retirement