Section 9
Any employee who is required to take a medical examination to determine if the employee is
physically capable of performing the employee's full duties, and who is found not to be so
capable, shall, as far as practicable, be assigned to in-title and related duties in the same title
during the period of the employee's disability. If a suitable position is not available, the
Employer shall offer the employee any available opportunity to transfer to another title for which
the employee may qualify by the change of title procedure followed by the New York City
Department of Citywide Administrative Services pursuant to Rule 6.1.1 of the Personnel Rules
and Regulations of the City of New York or by noncompetitive examination offered pursuant to
Rule 6.1.9 of the Personnel Rules and Regulations of the City of New York.
If such an employee has ten (10) years or more of retirement system membership service and is
considered permanently unable to perform all the duties of the employee's title and no suitable
in-title position is available, the employee shall be referred to the New York City Employee's
Retirement System and recommended for ordinary disability retirement.