State Codes and Statutes

Statutes > New-york > Edn > Title-1 > Article-11 > 535

§ 535. Career  retirement plan.   1. Any other provision of law to the  contrary notwithstanding, on  or  after  July  first,  nineteen  hundred  seventy  a  member may retire pursuant to the provisions of this section  when,    a. he has credit for thirty-five or more years of total service, or    b. he has attained age fifty-five or older and has received credit for  five or more years of full time New York state service, at least two  of  which  have  been  rendered since the date upon which he last joined the  retirement  system  and   since   June   thirtieth,   nineteen   hundred  sixty-seven, or    c.  he  has attained age fifty-five or older and has credit for two or  more years of full  time  service  in  the  period  subsequent  to  June  thirtieth,  nineteen  hundred  sixty-seven and has rendered two years of  full time New York  state  service  in  the  period  subsequent  to  his  attainment  of  age fifty-three and subsequent to the date upon which he  last joined the retirement system by filing with the system a  statement  duly  attested, setting forth at what time not less than thirty days nor  more than ninety days subsequent to the execution and filing thereof  he  desires such retirement.    In the case of persons who last became members on or after July first,  nineteen  hundred  seventy-three,  the  provisions of this section shall  apply only to those who retire prior to  July  first,  nineteen  hundred  seventy-four.    2. A member who retires pursuant to the provisions of this section and  who  is  credited with at least twenty years of full time New York state  service  at  the  time  of  his  retirement,  shall  receive  a  pension  consisting of:    a.  one and two-tenths per cent of his final average salary multiplied  by the number of years of his credited New York state  service  rendered  prior to July first, nineteen hundred fifty-nine, and    b.  two  per cent of his final average salary multiplied by the number  of years of his credited New York state service rendered  subsequent  to  June thirtieth, nineteen hundred fifty-nine, and    c.  one  per cent of his final average salary multiplied by the number  of years of out-of-state service to his credit, excluding, however,  any  such  service  credits  which  would  bring  his total years of credited  service above thirty-five years.    3. In addition to the pension allowance provided in subdivision two of  this section, a member who is credited with at  least  twenty  years  of  full  time  New York state service and retires during the month of July,  nineteen hundred seventy, shall receive an added pension allowance equal  to twelve per cent of the pension allowance provided in paragraphs a and  b of subdivision two of this section. For persons retiring subsequent to  July, nineteen hundred seventy, the added pension  authorized  hereunder  shall be reduced at the rate of one-sixth of one per cent for each month  thereafter.    4. A member who retires pursuant to the provisions of this section and  who  is credited with less than twenty years of full time New York state  service at the time of his retirement shall receive a pension  which  is  computed  by  multiplying  the  pension  calculated  in  accordance with  subdivision two of this section by  five  per  cent  for  each  year  of  credited  full  time  state  service,  but in no event shall the pension  payable pursuant to this subdivision be less than fifty per cent of  the  pension computed in accordance with subdivision two of this section.    5. a. In lieu of the pension provided by subdivisions two and three of  this  section,  a  member who retires pursuant to the provisions of this  section on or after July first, nineteen hundred seventy-six and who  iscredited  with at least twenty years of full-time New York state service  at the time of his retirement, shall receive a pension consisting of:    1.  one and eighty one-hundredths per cent of his final average salary  times the number of  years  of  his  credited  New  York  state  service  rendered prior to July first, nineteen hundred fifty-nine, and    2.  two per cent of his final average salary times the number of years  of his credited New York  state  service  rendered  subsequent  to  June  thirtieth, nineteen hundred fifty-nine, and    3.  one per cent of his final average salary times the number of years  of out-of-state service to his  credit,  excluding,  however,  any  such  service  credits  which  would bring his total years of credited service  above thirty-five years.    b. In lieu of  the  pension  provided  by  subdivision  four  of  this  section,  a  member,  who  retires  pursuant  to  the provisions of this  section on or after July first, nineteen hundred seventy-six and who  is  credited with less than twenty years of full-time New York state service  at the time of his retirement, shall receive a pension which is computed  by  multiplying the pension calculated in accordance with paragraph a of  this subdivision by five per cent for each year  of  credited  full-time  New  York  state  service,  but  in  no  event shall the pension payable  pursuant to this subdivision be less than fifty per cent of the  pension  computed in accordance with paragraph a of this subdivision.    6.  In  no event shall the pension provided pursuant to the provisions  of this section exceed seventy-five  per  cent  of  the  member's  final  average salary.    7.  A  member  who  retires pursuant to the provisions of this section  shall receive the service retirement pension provided  by  this  section  and  such  pension  shall  be  in  lieu  of any other service retirement  pension and the pension for increased-take-home-pay otherwise authorized  under this article.    8. In addition to the service  retirement  pension  provided  by  this  section,  the  member  shall  receive  an  annuity  which  shall  be the  actuarial equivalent of his accumulated contributions at the time of his  retirement.    9. Nothing herein shall alter in any manner either the amount  of  the  death  benefit  specified in paragraph three of subdivision b of section  five hundred twelve of this article or the date upon which a  member  is  first eligible for the benefit described therein.    10.  The benefits provided by this section shall be payable unless the  member would otherwise under the provisions of this article be  entitled  to  a  greater  benefit,  in  which  event  the greater benefit shall be  payable.    11. Anything in this article to the contrary notwithstanding, a person  who becomes a member on or after July first, nineteen  hundred  seventy,  so  long  as  this section is in effect, shall be permitted to establish  his eligibility for retirement under sections  five  hundred  ten,  five  hundred  eleven-a  and five hundred thirty-three of this article, solely  for the purpose of entitling his estate  or  beneficiary  to  the  death  benefit  payable  under paragraph three of subdivision b of section five  hundred twelve of this article.    12. Anything in this article to the contrary notwithstanding, a person  who becomes a member on or after July first, nineteen  hundred  seventy,  so  long  as  this  section is in effect, shall not be permitted to make  contributions pursuant to this article, except  for  purchase  of  prior  service credits or military service credits.    13.  On  and  after  July  first, nineteen hundred seventy all members  shall be deemed to have made the elections permitted  under  subdivision  one  of  section  five  hundred  eleven-a and paragraph c of subdivisionthree of section five hundred sixteen of this article, whether or not  a  formal  application  for  such  benefit  was submitted to the retirement  board, and  on  and  after  July  first,  nineteen  hundred  seventy  no  contribution  shall  be  required of any member under subdivision one of  section five hundred eleven-a, as well as subdivision one and  paragraph  c of subdivision three of section five hundred sixteen of this article.

State Codes and Statutes

Statutes > New-york > Edn > Title-1 > Article-11 > 535

§ 535. Career  retirement plan.   1. Any other provision of law to the  contrary notwithstanding, on  or  after  July  first,  nineteen  hundred  seventy  a  member may retire pursuant to the provisions of this section  when,    a. he has credit for thirty-five or more years of total service, or    b. he has attained age fifty-five or older and has received credit for  five or more years of full time New York state service, at least two  of  which  have  been  rendered since the date upon which he last joined the  retirement  system  and   since   June   thirtieth,   nineteen   hundred  sixty-seven, or    c.  he  has attained age fifty-five or older and has credit for two or  more years of full  time  service  in  the  period  subsequent  to  June  thirtieth,  nineteen  hundred  sixty-seven and has rendered two years of  full time New York  state  service  in  the  period  subsequent  to  his  attainment  of  age fifty-three and subsequent to the date upon which he  last joined the retirement system by filing with the system a  statement  duly  attested, setting forth at what time not less than thirty days nor  more than ninety days subsequent to the execution and filing thereof  he  desires such retirement.    In the case of persons who last became members on or after July first,  nineteen  hundred  seventy-three,  the  provisions of this section shall  apply only to those who retire prior to  July  first,  nineteen  hundred  seventy-four.    2. A member who retires pursuant to the provisions of this section and  who  is  credited with at least twenty years of full time New York state  service  at  the  time  of  his  retirement,  shall  receive  a  pension  consisting of:    a.  one and two-tenths per cent of his final average salary multiplied  by the number of years of his credited New York state  service  rendered  prior to July first, nineteen hundred fifty-nine, and    b.  two  per cent of his final average salary multiplied by the number  of years of his credited New York state service rendered  subsequent  to  June thirtieth, nineteen hundred fifty-nine, and    c.  one  per cent of his final average salary multiplied by the number  of years of out-of-state service to his credit, excluding, however,  any  such  service  credits  which  would  bring  his total years of credited  service above thirty-five years.    3. In addition to the pension allowance provided in subdivision two of  this section, a member who is credited with at  least  twenty  years  of  full  time  New York state service and retires during the month of July,  nineteen hundred seventy, shall receive an added pension allowance equal  to twelve per cent of the pension allowance provided in paragraphs a and  b of subdivision two of this section. For persons retiring subsequent to  July, nineteen hundred seventy, the added pension  authorized  hereunder  shall be reduced at the rate of one-sixth of one per cent for each month  thereafter.    4. A member who retires pursuant to the provisions of this section and  who  is credited with less than twenty years of full time New York state  service at the time of his retirement shall receive a pension  which  is  computed  by  multiplying  the  pension  calculated  in  accordance with  subdivision two of this section by  five  per  cent  for  each  year  of  credited  full  time  state  service,  but in no event shall the pension  payable pursuant to this subdivision be less than fifty per cent of  the  pension computed in accordance with subdivision two of this section.    5. a. In lieu of the pension provided by subdivisions two and three of  this  section,  a  member who retires pursuant to the provisions of this  section on or after July first, nineteen hundred seventy-six and who  iscredited  with at least twenty years of full-time New York state service  at the time of his retirement, shall receive a pension consisting of:    1.  one and eighty one-hundredths per cent of his final average salary  times the number of  years  of  his  credited  New  York  state  service  rendered prior to July first, nineteen hundred fifty-nine, and    2.  two per cent of his final average salary times the number of years  of his credited New York  state  service  rendered  subsequent  to  June  thirtieth, nineteen hundred fifty-nine, and    3.  one per cent of his final average salary times the number of years  of out-of-state service to his  credit,  excluding,  however,  any  such  service  credits  which  would bring his total years of credited service  above thirty-five years.    b. In lieu of  the  pension  provided  by  subdivision  four  of  this  section,  a  member,  who  retires  pursuant  to  the provisions of this  section on or after July first, nineteen hundred seventy-six and who  is  credited with less than twenty years of full-time New York state service  at the time of his retirement, shall receive a pension which is computed  by  multiplying the pension calculated in accordance with paragraph a of  this subdivision by five per cent for each year  of  credited  full-time  New  York  state  service,  but  in  no  event shall the pension payable  pursuant to this subdivision be less than fifty per cent of the  pension  computed in accordance with paragraph a of this subdivision.    6.  In  no event shall the pension provided pursuant to the provisions  of this section exceed seventy-five  per  cent  of  the  member's  final  average salary.    7.  A  member  who  retires pursuant to the provisions of this section  shall receive the service retirement pension provided  by  this  section  and  such  pension  shall  be  in  lieu  of any other service retirement  pension and the pension for increased-take-home-pay otherwise authorized  under this article.    8. In addition to the service  retirement  pension  provided  by  this  section,  the  member  shall  receive  an  annuity  which  shall  be the  actuarial equivalent of his accumulated contributions at the time of his  retirement.    9. Nothing herein shall alter in any manner either the amount  of  the  death  benefit  specified in paragraph three of subdivision b of section  five hundred twelve of this article or the date upon which a  member  is  first eligible for the benefit described therein.    10.  The benefits provided by this section shall be payable unless the  member would otherwise under the provisions of this article be  entitled  to  a  greater  benefit,  in  which  event  the greater benefit shall be  payable.    11. Anything in this article to the contrary notwithstanding, a person  who becomes a member on or after July first, nineteen  hundred  seventy,  so  long  as  this section is in effect, shall be permitted to establish  his eligibility for retirement under sections  five  hundred  ten,  five  hundred  eleven-a  and five hundred thirty-three of this article, solely  for the purpose of entitling his estate  or  beneficiary  to  the  death  benefit  payable  under paragraph three of subdivision b of section five  hundred twelve of this article.    12. Anything in this article to the contrary notwithstanding, a person  who becomes a member on or after July first, nineteen  hundred  seventy,  so  long  as  this  section is in effect, shall not be permitted to make  contributions pursuant to this article, except  for  purchase  of  prior  service credits or military service credits.    13.  On  and  after  July  first, nineteen hundred seventy all members  shall be deemed to have made the elections permitted  under  subdivision  one  of  section  five  hundred  eleven-a and paragraph c of subdivisionthree of section five hundred sixteen of this article, whether or not  a  formal  application  for  such  benefit  was submitted to the retirement  board, and  on  and  after  July  first,  nineteen  hundred  seventy  no  contribution  shall  be  required of any member under subdivision one of  section five hundred eleven-a, as well as subdivision one and  paragraph  c of subdivision three of section five hundred sixteen of this article.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Edn > Title-1 > Article-11 > 535

§ 535. Career  retirement plan.   1. Any other provision of law to the  contrary notwithstanding, on  or  after  July  first,  nineteen  hundred  seventy  a  member may retire pursuant to the provisions of this section  when,    a. he has credit for thirty-five or more years of total service, or    b. he has attained age fifty-five or older and has received credit for  five or more years of full time New York state service, at least two  of  which  have  been  rendered since the date upon which he last joined the  retirement  system  and   since   June   thirtieth,   nineteen   hundred  sixty-seven, or    c.  he  has attained age fifty-five or older and has credit for two or  more years of full  time  service  in  the  period  subsequent  to  June  thirtieth,  nineteen  hundred  sixty-seven and has rendered two years of  full time New York  state  service  in  the  period  subsequent  to  his  attainment  of  age fifty-three and subsequent to the date upon which he  last joined the retirement system by filing with the system a  statement  duly  attested, setting forth at what time not less than thirty days nor  more than ninety days subsequent to the execution and filing thereof  he  desires such retirement.    In the case of persons who last became members on or after July first,  nineteen  hundred  seventy-three,  the  provisions of this section shall  apply only to those who retire prior to  July  first,  nineteen  hundred  seventy-four.    2. A member who retires pursuant to the provisions of this section and  who  is  credited with at least twenty years of full time New York state  service  at  the  time  of  his  retirement,  shall  receive  a  pension  consisting of:    a.  one and two-tenths per cent of his final average salary multiplied  by the number of years of his credited New York state  service  rendered  prior to July first, nineteen hundred fifty-nine, and    b.  two  per cent of his final average salary multiplied by the number  of years of his credited New York state service rendered  subsequent  to  June thirtieth, nineteen hundred fifty-nine, and    c.  one  per cent of his final average salary multiplied by the number  of years of out-of-state service to his credit, excluding, however,  any  such  service  credits  which  would  bring  his total years of credited  service above thirty-five years.    3. In addition to the pension allowance provided in subdivision two of  this section, a member who is credited with at  least  twenty  years  of  full  time  New York state service and retires during the month of July,  nineteen hundred seventy, shall receive an added pension allowance equal  to twelve per cent of the pension allowance provided in paragraphs a and  b of subdivision two of this section. For persons retiring subsequent to  July, nineteen hundred seventy, the added pension  authorized  hereunder  shall be reduced at the rate of one-sixth of one per cent for each month  thereafter.    4. A member who retires pursuant to the provisions of this section and  who  is credited with less than twenty years of full time New York state  service at the time of his retirement shall receive a pension  which  is  computed  by  multiplying  the  pension  calculated  in  accordance with  subdivision two of this section by  five  per  cent  for  each  year  of  credited  full  time  state  service,  but in no event shall the pension  payable pursuant to this subdivision be less than fifty per cent of  the  pension computed in accordance with subdivision two of this section.    5. a. In lieu of the pension provided by subdivisions two and three of  this  section,  a  member who retires pursuant to the provisions of this  section on or after July first, nineteen hundred seventy-six and who  iscredited  with at least twenty years of full-time New York state service  at the time of his retirement, shall receive a pension consisting of:    1.  one and eighty one-hundredths per cent of his final average salary  times the number of  years  of  his  credited  New  York  state  service  rendered prior to July first, nineteen hundred fifty-nine, and    2.  two per cent of his final average salary times the number of years  of his credited New York  state  service  rendered  subsequent  to  June  thirtieth, nineteen hundred fifty-nine, and    3.  one per cent of his final average salary times the number of years  of out-of-state service to his  credit,  excluding,  however,  any  such  service  credits  which  would bring his total years of credited service  above thirty-five years.    b. In lieu of  the  pension  provided  by  subdivision  four  of  this  section,  a  member,  who  retires  pursuant  to  the provisions of this  section on or after July first, nineteen hundred seventy-six and who  is  credited with less than twenty years of full-time New York state service  at the time of his retirement, shall receive a pension which is computed  by  multiplying the pension calculated in accordance with paragraph a of  this subdivision by five per cent for each year  of  credited  full-time  New  York  state  service,  but  in  no  event shall the pension payable  pursuant to this subdivision be less than fifty per cent of the  pension  computed in accordance with paragraph a of this subdivision.    6.  In  no event shall the pension provided pursuant to the provisions  of this section exceed seventy-five  per  cent  of  the  member's  final  average salary.    7.  A  member  who  retires pursuant to the provisions of this section  shall receive the service retirement pension provided  by  this  section  and  such  pension  shall  be  in  lieu  of any other service retirement  pension and the pension for increased-take-home-pay otherwise authorized  under this article.    8. In addition to the service  retirement  pension  provided  by  this  section,  the  member  shall  receive  an  annuity  which  shall  be the  actuarial equivalent of his accumulated contributions at the time of his  retirement.    9. Nothing herein shall alter in any manner either the amount  of  the  death  benefit  specified in paragraph three of subdivision b of section  five hundred twelve of this article or the date upon which a  member  is  first eligible for the benefit described therein.    10.  The benefits provided by this section shall be payable unless the  member would otherwise under the provisions of this article be  entitled  to  a  greater  benefit,  in  which  event  the greater benefit shall be  payable.    11. Anything in this article to the contrary notwithstanding, a person  who becomes a member on or after July first, nineteen  hundred  seventy,  so  long  as  this section is in effect, shall be permitted to establish  his eligibility for retirement under sections  five  hundred  ten,  five  hundred  eleven-a  and five hundred thirty-three of this article, solely  for the purpose of entitling his estate  or  beneficiary  to  the  death  benefit  payable  under paragraph three of subdivision b of section five  hundred twelve of this article.    12. Anything in this article to the contrary notwithstanding, a person  who becomes a member on or after July first, nineteen  hundred  seventy,  so  long  as  this  section is in effect, shall not be permitted to make  contributions pursuant to this article, except  for  purchase  of  prior  service credits or military service credits.    13.  On  and  after  July  first, nineteen hundred seventy all members  shall be deemed to have made the elections permitted  under  subdivision  one  of  section  five  hundred  eleven-a and paragraph c of subdivisionthree of section five hundred sixteen of this article, whether or not  a  formal  application  for  such  benefit  was submitted to the retirement  board, and  on  and  after  July  first,  nineteen  hundred  seventy  no  contribution  shall  be  required of any member under subdivision one of  section five hundred eleven-a, as well as subdivision one and  paragraph  c of subdivision three of section five hundred sixteen of this article.