192 - Supplemental retirement allowances of retired employees.

§  192.  Supplemental  retirement  allowances  of  retired  employees.  Notwithstanding  any  other  provision  of  the  retirement  and  social  security  law,  any  state retired employee or state retired teacher, as  defined by section one hundred ninety-one of this article,  who,  unless  retired  for  disability, had at least five years of credited service at  the time of his retirement, shall be entitled to a supplemental  pension  payment  to  be  known  as  a  supplemental retirement allowance payable  annually in  monthly  installments  in  accordance  with  the  following  provisions of this section: a.  The supplemental retirement allowance provided for herein shall be  a percentage of the  retirement  allowance,  computed  without  optional  modification,  based  on  the year of his retirement, in accordance with  the  schedule  hereinafter  set  forth,  provided,  however, that no  supplemental retirement allowance shall: (1) Exceed one thousand five hundred dollars per year, nor (2)  Together  with the retirement allowance computed without optional  modification, and the primary benefit obtained under the federal old-age  survivors, and disability insurance system, exceed four thousand dollars  a year, nor (3) In the case of any person under the age of sixty-two  retired  for  disability,  together  with  the  retirement  allowance computed without  optional modification, the primary benefit obtained  under  the  federal  old-age, survivors, and disability insurance system, and any earnings as  the  result of his own employment including self employment, exceed four  thousand dollars a year, nor (4) In the case of state retired employees, be paid for  that  portion  of  the  annuity  based  on  additional  contributions  made pursuant to  section twenty-one (i) of the retirement and  social  security  law,  or  section fifty-eight of the civil service law since repealed, nor, in the  case  of  state  retired  teachers, that portion of the annuity based on  additional contributions made pursuant to subdivision three  of  section  five hundred sixteen of the education law, nor (5) Be paid to any state retired employee or state retired teacher for  any  period  during  which  he  returns  to  service with the state or a  political  subdivision  thereof  other  than service in employment  authorized  by section two hundred eleven, section two hundred twelve or  section two hundred fourteen of this chapter. b.  The  supplemental  retirement  allowance  shall  be  computed in  accordance with the following schedule: YEAR OF RETIREMENT PER CENTUM 1961 or thereafter none  1960 three  1959 five  1958 six  1957 nine  1956 thirteen  1955 fifteen  1954 fifteen  1953 fifteen  1952 sixteen  1951 eighteen  1950 twenty-eight  1949 twenty-eight  1948 twenty-eight  1947 thirty-eight  1946 fifty-eight1945 seventy-two  1944 seventy-six  1943 seventy-nine  1942 ninety  1941 one-hundred-eleven  1940 one-hundred-twenty-two  Prior to 1940 one-hundred-twenty-two c.  Any such retired employee already receiving a supplemental pension  under other provisions of the retirement and social security  law  shall  continue  to  receive  such  supplemental  pension  or shall receive the  supplemental retirement allowance provided under this section, whichever  shall be greater.