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City's Proposals for Pension and Benefit Modifications

ABOUT THE EMS 3/4 DISABILITY RETIREMENT

Below is the text of the EMS 3/4 disability retirement legislation, which was signed on August 5, 1998 by Governor Pataki. The bill is known as Section 607 (b) of Article 15 of the Retirement and Social Security Law of the State of New York.

The law grants a 3/4, non-taxable, pension retirement to any EMT or Paramedic who, “on or after March 17, 1996, becomes physically or mentally incapacitated for the performance of duties” as the result of an injury suffered in the performance of job duties.

An application for a 3/4 pension disability retirement is also included. Note that three of the forms are legal sized documents, and that they must be photo enlarged or originals must be obtained from the union office or from NYCERS in order to submit them.

If you are considering filing for a 3/4 disability, call DC 37 at 815-1200 and ask to speak to a pension counselor, or call the Local 2507 union office.

 

 

EMS 3/4 disability retirement legislation

§ 607. Accidental death benefits.

a. The eligible beneficiary of a member in service shall be entitled to an accidental death benefit in the form of a pension equal to fifty percent of such member's wages earned during his or her last year of actual service or his or her annual wage rate if he or she was credited with less than one year of service since last becoming a member, if, upon application filed within sixty days after the death of the member, the head of the retirement system determines that such member died before the effective date of retirement, as the natural and proximate result of an accident not caused by his or her own willful negligence sustained in the performance of his or her duties in active service and while actually a member of the retirement system.

Notwithstanding the provisions of section two hundred forty-two, two

hundred forty-three or two hundred forty-four of the military law or the provisions of any other law to the contrary and solely for the purpose of determining eligibility for an accidental death benefit, a member shall be considered to have died as the natural and proximate result of an accident sustained in the performance of duty provided such member was on the payroll in the service upon which membership is based at the time he or she was ordered to active duty, other than for training purposes, pursuant to Title 10 of the United States Code, with the armed forces of the United States and died while on such active duty on or after the effective date of the chapter of the laws of two thousand five which added this paragraph. Provided, however, the head of the retirement system in its sole discretion may accept an application for an accidental death benefit after the expiration of the sixty day filing period, where, but only where, an ordinary death benefit has not been previously paid.

b. If an eligible beneficiary receiving the accidental death benefit hereunder becomes ineligible to continue to receive such benefit, the benefit shall be continued for all other members of the eligible class of beneficiaries and, if none, to each successive class, if any, during their eligibility therefor.

c. If the aggregate benefits under the provisions of this section have not exceeded the amount of the ordinary lump sum death benefit because of the absence of eligible beneficiaries or because those beneficiaries formerly eligible are no longer eligible for payments pursuant to section six hundred one of this article, then the difference between the amounts, if any, paid under this section and the amount of the ordinary lump sum death benefit shall be paid to:

  1. The last eligible beneficiary or beneficiaries, if surviving, who were receiving pension payments hereunder or, if none

  2. The distributees of the member, if there were no eligible beneficiaries at the member's death, or the persons who would be distributees of the member had he or she died intestate on the date that the last eligible beneficiary died or became ineligible.

 

  * NB Expires June 30, 2009