N.Y. Comp. Codes R. & Regs. tit. 4, § 78.5
(b) The plan shall provide the following long-term disability benefit to a disabled employee who is determined by the insurer to be unable to perform his or her regular job duties during the first two years of long-term disability benefits; and, thereafter, unless the insurer determines that the employee is capable of performing the duties of a comparable occupation for which he or she is reasonably suited based on education, training and experience: