N.Y. Comp. Codes R. & Regs. tit. 2 § 364.3

Current through Register Vol. 46, No. 45, November 2, 2024

Section 364.3 - Job descriptions for individuals assigned to light, limited or restricted duty

(a) In the case of a member who has been assigned to light, limited or restricted duties for less than two years prior to the date application for disability retirement benefits was filed with the Comptroller (and who has not performed at least 100 hours of paid overtime in any 12-month period within such two-year period), the employer shall provide a written description of the duties and/or physical or psychological job requirements of the full duty assignment that were applicable to the applicant immediately prior to such reassignment to light, limited or restricted duties. With respect to such applicants, the Retirement System shall render its determination on the issue of permanent incapacity on the basis of the duties and job requirements of such previous full duty assignment.

(b) In the case of an applicant who, in connection with an alleged illness, disease, disability or physical limitation, has been continuously assigned to light, limited or restricted duties for at least two years prior to the date application for disability retirement benefits was filed with the Comptroller (whether or not the assignment was made pursuant to an organized light duty or restricted duty program) the employer shall provide a written description of the duties and/or physical or psychological job requirements which have been applicable to the applicant since such reassignment to light, limited or restricted duties. With respect to such applicants, the Retirement System shall render its determination on the issue of permanent incapacity on the basis of such light, limited or restricted duty assignment.

(c) In the case of an applicant who, in connection with an alleged illness, disease, disability or physical limitation, has been continuously assigned to light, limited or restricted duties for at least one year prior to the date application for disability retirement benefits was filed with the Comptroller (whether or not the assignment was made pursuant to an organized light, limited or restricted duty program), and who has performed at least 100 hours of paid overtime, while on light, limited or restricted duty assignment during any 12- month period within the two-year period prior to the filing of the application for disability retirement, the employer shall provide a written description of the duties and/or physical or psychological requirements of the light, limited or restricted duty assignment. With respect to such applicants, the Retirement System shall render its determination on the issue of permanent incapacity on the basis of such light, limited or restricted duty assignment.

N.Y. Comp. Codes R. & Regs. Tit. 2 § 364.3