What if a member retires for disability?
The law governing the Fund permits eligible members who are permanently disabled to retire for disability. When a member is retired for disability, the Fund will apply the provisions of a DRO requiring an alternate payee to receive a share of a member’s retirement benefit, unless the DRO expressly provides that the alternate payee is not to share in the member’s disability retirement benefit. This is consistent with New York law which regards the portion of a disability retirement benefit earned during a marriage as marital property unless the recipient demonstrates the contrary. This is common in accidental disability cases, where the member is disabled due to a Line of Duty incident and thus he bears the burden of the disability. In such cases, the Fund separates out the disability portion of the benefit and calculates the alternate payee’s share based on the participant’s earnings and length of service only, as long as this is stipulated in the DRO.
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