State Comptroller
Thomas P. DiNapoli

Before the Employees' Retirement System can pay any benefit — whether it's a service retirement, disability retirement or death benefit — we must make sure all the eligibility requirements established by law have been met.

This includes requirements like filing the appropriate application within the correct time frames, ensuring that applications are signed and, where necessary, properly notarized.

If any of the benefit requirements are not met, we must deny the claim for that benefit.

If you believe that a benefit you've applied for has been incorrectly denied or improperly calculated, you may want to consider requesting a hearing.

A hearing is a legal proceeding during which evidence and testimony regarding your claim is presented before a hearing officer.

It is your responsibility to prove your case at the hearing. A court reporter will provide a transcript of the testimony and a list of documents admitted as exhibits.

Q: Who may request a hearing?

A: The following individuals can request a hearing:

• A member or retiree, after receiving a determination denying a disability or application or a final agency determination letter;
• An employer that filed a disability application on behalf of a member, after receiving a determination on that application; and
• A person who believes he or she is the designated beneficiary and is disputing a final agency determination of the designated beneficiary.

Q: Who is the hearing officer?

A: Hearing officers are former judges appointed by the comptroller to preside over the hearings. Hearing officers are under contract and are not retirement system employees.

Q: Do I need an attorney for the hearing?

A: You are not required to have an attorney represent you, but you may obtain one at your own expense. You may be able to obtain a referral from your local bar association or your union. Neither the system nor the hearing officer can recommend an attorney.

Q: Will you contact me when my hearing is scheduled?

A: The system will mail you a Notice of Hearing at least three weeks prior to your scheduled hearing date. The notice will briefly describe the issues to be decided, the date, time and location of the hearing.

Q: Can I have a witness testify at the hearing?

A: Yes. You must be ready to present all witnesses at the initial hearing. If there is a medical issue, you may choose, at your own expense, to have your doctor or doctors testify in person or by telephone. The system may also choose to have witnesses testify.

Q: What happens if I miss the hearing?

A: If you do not appear at the hearing and you did not request an adjournment, your case will be dismissed.

Q: How can I get more information?

A: Visit the "Members" section of our Web site, at www.osc.state.ny.us/retire/members, where you can view our Administrative Hearings – Frequently Asked Questions.

You can also write directly to our Hearing Administration and Matrimonial Bureau at the New York State and Local Retirement System, 110 State Street, Albany, NY 12244-0001 or send an e-mail to the bureau at hearings@osc.state.ny.us.