Line-of-duty EMS retirees and outside work

Congratulations to Line-of Duty EMS retirees on the passage of Chapter 461 of the Laws of 2009. This new law will allow these retirees to work without the “gainful employment” prohibition threatening their line-of-duty disability pensions.

In 2008, NYCERS mistakenly began to apply the 1983 gainful employment restriction to the 1998 EMS line-of duty disability benefit. This restriction applies only to regular Tier 4 disability benefits. Because of this error, the EMS Retirees Association brought an Article 78 proceeding against NYCERS. The result was a stipulation where the parties agreed 1) to pursue a change in the law and 2) in the interim, a moratorium on the restriction until October 1, 2010.

The new law removes any possibility of confusion by NYCERS about the clear intent of the original disability benefit for these retirees. It is now absolutely clear that these retirees have no earnings limitations for work after retirement.