- 9 - System is governed by the New York City Administrative Code. The applicable section provides as follows: b. If such medical examination shows that any such member referred to in subdivision a of this section is physically or mentally incapacitated for the performance of duty and ought to be retired, the medical board shall so report and the board shall retire such member for ordinary disability * * * . New York City Admin. Code, sec. 13-167 (1988) (emphasis added). The New York City Administrative Code awards disability retirement because of inability to perform duties, regardless of the cause. Although petitioner could not perform his duties because he was suffering from Post Traumatic Stress Disorder, he was awarded disability retirement because he could not perform the duties of a captain in the New York City Department of Corrections; the specific finding of Post Traumatic Stress Disorder was incidental to the finding that he was disabled. Under Haar, petitioner is not entitled to exclude his pension payments from gross income. Petitioner further contends, on the basis of a Senate Finance Committee report, that the legislative history of section 104(a) supports his interpretation of the statute. That report states in pertinent part: At all times, Veterans' Administration disability payments will continue to be excluded from gross income. In addition, even if a future serviceman who retires does not receive his disability benefits from the Veterans' Administration, he will still be allowed to exclude from his gross income an amount equal to the benefits he could receive from the Veterans'Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
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