Restricted Duty Overtime and How It Could Affect 3/4 Disability Pensions

Dear COBA Members;

As many of you know, the laws and rules surrounding ¾ disability pensions can be complex and confusing. This is especially true when it comes to “Light/Restricted Duty” and the proper timing of your application for ¾’s benefits. NYS Codes, Rules & Regulations Sec. 364.3 states that if an officer performs light/restricted duties for 2 years, and/or performs 100 or more hours of overtime while in such light/restricted duty position prior to filing an application for ¾’s benefits then the Retirement System will review any subsequent application under the “light duty standard.” That means the Retirement System will not consider whether an officer is disabled from full duty work but instead will consider whether their disabilities prevent “light/restricted duty” responsibilities. Therefore, if you fail to file before the 2 years is up, or before you perform 100 hours or more of overtime in a light/restricted duty post, it is unlikely that you will be able to prove that you are permanently incapacitated from a light/restricted duty position and it is unlikely that you will be awarded a ¾’s Disability Pension.

THEREFORE, AN OFFICER WHO IS APPROACHING 2 YEARS OF WORK IN A LIGHT/RESTRICTED DUTY CAPACITY, OR IS APPROACHING 100 HOURS OF OVERTIME IN SUCH LIGHT/RESTRICTED DUTY CAPACITY, SHOULD FILE THEIR APPLICATION FOR A DISABLITY PENSION BEFORE TO REACHING THESE PLATEAUS.

It is also extremely important to remember that the 2 years runs continuously from the first time you are assigned to a restricted/light duty post.  

This means that even if you work only 1 day in a restricted/light duty post, unless you subsequently return to work in a Full Duty capacity, 2 years after that 1 day of light/restricted duty your new job in the eyes of the Retirement System is the light duty post.  

With the current staffing and COVID-19 issues facing our Jail, our Attorney Sean Riordan and I have commenced discussions with the NYS Retirement System regarding the impact of NYS Codes, Rules & Regulations, Section 364.3 on those officers who are being Ordered/Mandated to perform overtime while working in a light/restricted duty post. While these discussions continue and we are hopeful of reaching some resolution, the Union strongly recommends that if you are ordered for overtime while on Light/Restricted Duty, you should ensure that your overtime slip is stamped Ordered and you make a copy of the fully signed slip for your records. We will continue to update you on the status of these discussions.

Feel free to give me a call if you have any questions. Also, you could give our Disability/Workers’ Compensation Attorney Sean Riordan a call at

646-831-6229.

Stay safe,

Dennis Maurus

COBA 4th Vice-President