N.Y. Retire. & Soc. Sec. Law § 161

Current through 2024 NY Law Chapter 456

Section 161 - Definitions

As used in this article:

1. The term "state retired employee" shall mean a person who shall have retired prior to July first, nineteen hundred sixty-one, and receives as a result of such retirement, a retirement allowance or pension from any state administered and operated retirement or pension plan or system, which retirement allowance or pension, computed without optional modification, is or would be twelve hundred dollars per annum or less, and who, unless retired for disability,

(a) is sixty years of age or over and

(b)has had not less than fifteen years of allowable and credited service on which his retirement allowance or pension is based, provided, however, that

(1) in the case of such a person meeting such requirements who attained age sixty-five before April first, nineteen hundred fifty-six, or who attains such age on or after such date, the maximum retirement allowance or pension, computed without optional modification, shall for the purposes hereof be thirteen hundred and two dollars per annum beginning with the month of April, nineteen hundred fifty-six, if he is then sixty-five years of age or beginning with the month thereafter during which he attains age sixty-five;

(2) in the case of a female person meeting such requirements who attained age sixty-two before April first, nineteen hundred fifty-seven, or who attains such age on or after such date, the maximum retirement allowance or pension, computed without optional modification, shall for the purposes hereof be thirteen hundred and two dollars per annum beginning with the month of April, nineteen hundred fifty-seven, if she is then sixty-two years of age or beginning with the month thereafter during which she attains age sixty-two;

(3) in the case of a person retired for disability, either before or after attaining age fifty, who attained such age before April first, nineteen hundred fifty-seven, or who attains such age on or after such date, the maximum retirement allowance or pension, computed without optional modification, shall for the purposes hereof be thirteen hundred and two dollars per annum beginning with the month of April, nineteen hundred fifty-seven, if he is then fifty years of age or beginning with the month thereafter during which he attains age fifty.

2. The term "local retired employee" shall mean a person who shall have retired prior to July first, nineteen hundred sixty-one, and receives as a result of such retirement, a retirement allowance or pension from any retirement or pension system or plan of a municipality, which retirement allowance or pension, computed without optional modification, is or would be twelve hundred dollars per annum or less, and who, unless retired for disability,

(a) is sixty years of age or over and

(b)has had not less than fifteen years of allowable and credited service on which his retirement allowance or pension is based, provided, however, that

(1) in the case of such a person meeting such requirements who attained age sixty-five before April first, nineteen hundred fifty-six, or who attains such age on or after such date, the maximum retirement allowance or pension, computed without optional modification, shall for the purposes hereof be thirteen hundred and two dollars per annum in the event a local law, ordinance or resolution is adopted pursuant to paragraph b of subdivision two of section one hundred sixty-three of this act, beginning with the month when such local law, ordinance or resolution shall become effective, if such person is then sixty-five years of age or beginning with the month thereafter during which he attains age sixty-five;

(2) in the case of a female person meeting such requirements who attained age sixty-two before April first, nineteen hundred fifty-seven, or who attains such age on or after such date, the maximum retirement allowance or pension, computed without optional modification, shall for the purposes hereof be thirteen hundred and two dollars per annum in the event a local law, ordinance or resolution is adopted pursuant to paragraph b of subdivision two of section one hundred sixty-three of this act, beginning with the month when such local law, ordinance or resolution shall become effective, if she is then sixty-two years of age or beginning with the month thereafter during which she attains age sixty-two;

(3) in the case of a person retired for disability, either before or after attaining age fifty, who attained such age before April first, nineteen hundred fifty-seven, or who attains such age on or after such date, the maximum retirement allowance or pension, computed without optional modification, shall for the purposes hereof be thirteen hundred and two dollars per annum in the event a local law, ordinance or resolution is adopted pursuant to paragraph b of subdivision two of section one hundred sixty-three of this act, beginning with the month when such local law, ordinance or resolution shall become effective, if he is then fifty years of age or beginning with the month thereafter during which he attains age fifty.

3. The term "state retired teacher" shall mean a person who shall have retired prior to July first, nineteen hundred sixty-one, and receives a retirement allowance from the New York state teachers' retirement system, which retirement allowance, computed without optional modification, including any modification due to additional contributions as authorized by subdivision three of section five hundred sixteen of the education law, is or would be twenty-four hundred dollars per annum or less and who, unless retired for disability, has been credited with not less than twenty-five years of service, at least fifteen of which shall have been service within the state.

4. The term "local retired teacher" shall mean a person who shall have retired prior to July first, nineteen hundred sixty-one, and receives as a result of such retirement, a retirement allowance from any teachers' retirement system administered and operated by a municipality or a school district located therein, which retirement allowance, computed without optional modification, is or would be twelve hundred dollars per annum or less, or as hereinafter provided thirteen hundred and two or eighteen hundred dollars per annum or less, as the case may be, and who, unless retired for disability, has had not less than fifteen years of allowable and credited service on which his retirement allowance is based, provided, however, that

(1) In the case of such a person meeting such requirements who attained age sixty-five before April first, nineteen hundred fifty-six, or who attains such age on or after such date, the maximum retirement allowance or pension, computed without optional modification, shall for the purposes hereof be thirteen hundred and two dollars per annum in the event a local law, ordinance or resolution is adopted pursuant to subdivision five of section one hundred sixty-three of this act, beginning with the month when such local law, ordinance or resolution shall become effective, if such person is then sixty-five years of age or beginning with the month thereafter during which he attains age sixty-five;

(2) in the case of a female person meeting such requirements who attained age sixty-two before April first, nineteen hundred fifty-seven, or who attains such age on or after such date, the maximum retirement allowance or pension, computed without optional modification, shall for the purposes hereof be thirteen hundred and two dollars per annum in the event a local law, ordinance or resolution is adopted pursuant to paragraph b of subdivision two of section one hundred sixty-three of this act, beginning with the month when such local law, ordinance or resolution shall become effective, if she is then sixty-two years of age or beginning with the month thereafter during which she attains age sixty-two;

(3) in the case of a person retired for disability, either before or after attaining age fifty, who attained such age before April first, nineteen hundred fifty-seven, or who attains such age on or after such date, the maximum retirement allowance or pension, computed without optional modification, shall for the purposes hereof be thirteen hundred and two dollars per annum in the event a local law, ordinance or resolution is adopted pursuant to paragraph b of subdivision two of section one hundred sixty-three of this act, beginning with the month when such local law, ordinance or resolution shall become effective, if he is then fifty years of age or beginning with the month thereafter during which he attains age fifty;

(4) in the case where a local law, ordinance or resolution authorizing additional supplemental pension payments pursuant to subdivision six of section one hundred sixty-three of this act is adopted effective on or after April first, nineteen hundred fifty-eight, such term shall for the purposes hereof refer to such a person entitled to receive a monthly supplemental pension in an amount which when added to his monthly retirement allowance or pension, computed without optional modification, shall be equal to one hundred fifty dollars.

5. The term "municipality" shall mean a county, city, town or village.

6. The term "comptroller" shall mean the state comptroller.

N.Y. Retire. and Soc. Sec. Law § 161