N.Y. RSS Law § 501 — New York Code / Act RSS / Article 14 / Section 501
Definitions
Status: in_force

§ 501. Definitions. The following words and phrases as used in this\narticle shall have the following meanings unless a different meaning is\nplainly required by the context.\n  1. "Active service" shall mean service while being paid on the payroll\nof a participating employer.\n  2. "Cost-of-living index" shall mean the consumer price index (all\nitems--United States city averages) published by the United States\nbureau of labor statistics.\n  3. "Credited service" shall mean all service which has been credited\nto a member pursuant to section five hundred thirteen or which was\ncredited to such member in a public retirement system of the state\nbefore such member became subject to this article and which is allowable\nas previous service pursuant to section five hundred thirteen.\n  4. "Creditable service" is service which qualifies to be counted as\ncredited service pursuant to section five hundred thirteen.\n  5. "Early retirement age" shall mean age fifty-five, for general\nmembers, and the age on which a member completes or would have completed\ntwenty years of service, for police/fire members, New York city\nuniformed correction/sanitation revised plan members and investigator\nrevised plan members.\n  6. "Elective member" shall mean a member who is not subject to the\nprovisions of this article on a mandatory basis.\n  7. "Eligible beneficiary" for the purposes of section five hundred\nnine of this article shall mean the following persons or classes of\npersons in the order set forth: (a) a surviving spouse who has not\nrenounced survivorship rights in a separation agreement, until\nremarriage, (b) surviving children until age twenty-five, (c) dependent\nparents, determined under regulations promulgated by the comptroller,\n(d) any other person who qualified as a dependent on the final federal\nincome tax return of the member or the return filed in the year\nimmediately preceding the year of death, until such person reaches\ntwenty-one years of age, (e) with respect to members of the New York\ncity employees' retirement system (other than a New York city uniformed\ncorrection/sanitation revised plan member or an investigator revised\nplan member) and the board of education retirement system of the city of\nNew York, a person whom the member shall have nominated in the form of a\nwritten designation, duly acknowledged and filed with the head of the\nretirement system for the purpose of section five hundred eight of this\narticle. In the event that a class of eligible beneficiaries consists of\nmore than one person, benefits shall be divided equally among the\npersons in such class. For the purposes of section five hundred eight of\nthis article the term "eligible beneficiary" shall mean such person as\nthe member shall have nominated to receive the benefits provided in this\narticle. To be effective, such a nomination must be in the form of a\nwritten designation, duly acknowledged and filed with the head of the\nretirement system for this specific purpose. In the event such\ndesignated beneficiary does not survive the member, or if such member\nshall not have so designated a beneficiary, such benefits shall be\npayable to the deceased member's estate or as provided in section one\nthousand three hundred ten of the surrogate's court procedure act, (f)\nnotwithstanding any other provisions of law, "eligible beneficiary" of a\nNew York city uniformed sanitation revised plan member for the purposes\nof section five hundred nine of this article shall mean the following\npersons or classes of persons in the order set forth: (i) a surviving\nspouse who has not renounced survivorship rights in a separation\nagreement, (ii) surviving children until age twenty-five, (iii)\ndependent parents, determined under regulations promulgated by the\ncomptroller and (iv) any other person who qualified as a dependent on\nthe final federal income tax return of the member or the return filed in\nthe year immediately preceding the year of death, until such person\nreaches twenty-one years of age, and (g) notwithstanding any other\nprovisions of law, "eligible beneficiary" of a New York city police\npension fund member for the purposes of section five hundred nine of\nthis article shall mean the following persons or classes of persons in\nthe order set forth: (i) a surviving spouse who has not renounced\nsurvivorship rights in a separation agreement, (ii) surviving children\nuntil age twenty-five, (iii) dependent parents, determined under\nregulations promulgated by the comptroller, and (iv) any other person\nwho qualified as a dependent on the final federal income tax return of\nthe member or the return filed in the year immediately preceding the\nyear of death, until such person reaches twenty-one years of age.\n  8. "Excess contributions" shall mean any contributions (and interest\nthereon) made by a member prior to becoming subject to this article\nwhich, if not withdrawn, would have been used to purchase an additional\nannuity at retirement had the member continued in the plan of which he\nwas a member before becoming subject to this article.\n  9. "Federal social security program" shall mean the federal old age\nand survivor's assistance program under the federal social security act.\n  10. "Federal social security primary insurance amount" shall mean the\nprimary insurance amount as defined in section 215 (a) (1) (A) of the\nfederal social security act.\n  11. "Federal social security benefit computation period" shall mean a\nmember's benefit computation years as determined pursuant to section 215\n(b) of the federal social security act.\n  12. "General member" shall mean a member subject to the provisions of\nthis article who is not a police/fire member, a New York city uniformed\ncorrection/sanitation revised plan member or an investigator revised\nplan member.\n  13. "Head of the retirement system" shall mean the comptroller, with\nrespect to the state employees' retirement system and the state and\nlocal police and fire retirement system, and the retirement board of the\nother public retirement systems of the state.\n  14. "In service" shall mean any period during which a member is on the\npayroll of a public employer, in the service upon which membership is\nbased, and any period during which the member was not on the payroll if\nhe or she; (a) was on the payroll and paid within the previous twelve\nmonths, (b) had not been gainfully employed since ceasing to be on such\npayroll, (c) had credit for at least one year of continuous service\nsince last entering or reentering the service of the public employer and\n(d) was not eligible for or receiving a service retirement or disability\nbenefit.\n  15. "Mandatory retirement age" shall mean age seventy, for general\nmembers, and age sixty-two, for police/fire members.\n  16. "Member" shall mean any person included in the membership of a\npublic retirement system of this state as provided in section five\nhundred of this article.\n  17. "Normal retirement age" shall be age sixty-two, for general\nmembers, the age at which a member completes or would have completed\ntwenty-two years of service, for police/fire members, New York city\nuniformed correction/sanitation revised plan members and investigator\nrevised plan members; except that for police/fire members of the New\nYork city police pension fund, normal retirement age shall be the age at\nwhich a member completes or would have completed twenty years of\nservice, and the age at which a member completes twenty years of service\nfor police/fire members who are members of the New York city fire\ndepartment pension fund; and except that for New York city uniformed\ncorrection/sanitation revised plan members, normal retirement age shall\nbe the age at which a member completes or would have completed twenty\nyears of service.\n  18. "Participating employer" shall mean a public employer who is\nparticipating in a public retirement system of the state.\n  19. "Primary social security retirement benefit" shall mean the\nbenefit payable to a covered employee, at age sixty-two or later, under\nthe federal social security program, exclusive of any family benefits,\ncalculated as provided in subdivision c of section five hundred eleven.\n  20. "Primary social security disability benefit" shall mean the\nbenefit payable to a disabled covered employee under the federal social\nsecurity program, exclusive of any family benefits, calculated as\nprovided in subdivision c of section five hundred eleven.\n  21. "Police/fire member" shall mean a member subject to the provisions\nof this article who, if employed in the same capacity on June thirtieth,\nnineteen hundred seventy-six, would have been eligible for membership in\nthe New York state and local police and fire retirement system, the New\nYork city police pension fund or the New York city fire department\npension fund, or for participation in the uniformed transit police force\nplan or housing police force plan in the New York city employees'\nretirement system.\n  22. "Public employer" shall mean an employer who is eligible to\nparticipate in a public retirement system of the state.\n  23. "Public retirement system of the state" shall mean the New York\nstate employees' retirement system, New York state and local police and\nfire retirement system, New York state teacher's retirement system, New\nYork city employees' retirement system, New York city teacher's\nretirement system, New York city police pension fund, New York city fire\ndepartment pension fund and the New York city board of education\nretirement system.\n  24. (a) "Wages" shall mean regular compensation earned by and paid to\na member by a public employer, except that for members who first join\nthe state and local employees' retirement system on or after January\nfirst, two thousand ten, overtime compensation paid in any year in\nexcess of the overtime ceiling, as defined by this subdivision, shall\nnot be included in the definition of wages.\n  (b) "Overtime compensation" shall mean, for purposes of this section,\ncompensation paid under any law or policy under which employees are paid\nat a rate greater than their standard rate for additional hours worked\nbeyond those required, including compensation paid under section one\nhundred thirty-four of the civil service law and section ninety of the\ngeneral municipal law.\n  * (c)(i) The "overtime ceiling" shall mean fifteen thousand dollars\nper annum on January first, two thousand ten, and shall be increased by\nthree percent each year thereafter, provided, however, that for members\nwho first become members of the New York state and local employees'\nretirement system on or after April first, two thousand twelve,\n"overtime ceiling" shall mean fifteen thousand dollars per annum on\nApril first, two thousand twelve, and shall be increased each year\nthereafter by a percentage to be determined annually by reference to the\nconsumer price index (all urban consumers, CPI-U, U.S. city average, all\nitems, 1982-84=100), published by the United States bureau of labor\nstatistics, for each applicable calendar year. Said percentage shall\nequal the annual inflation as determined from the increase in the\nconsumer price index in the one year period ending on the December\nthirty-first preceding the overtime ceiling adjustment effective on the\nensuing April first.\n  (ii) Commencing January first, two thousand eighteen, and each year\nthereafter, the overtime ceiling percentage shall be increased by an\namount equal to the annual inflation as determined from the increase in\nthe consumer price index in the one year period ending on the September\nthirtieth prior to the overtime ceiling adjustment effective on the\nensuing January first.\n  * NB Effective until January 1, 2027\n  * (c) The "overtime ceiling" shall mean fifteen thousand dollars per\nannum on January first, two thousand ten, and shall be increased by\nthree percent each year thereafter, provided, however, that:\n  (i) For members who first become members of the New York state and\nlocal employees' retirement system on or after April first, two thousand\ntwelve, "overtime ceiling" shall mean fifteen thousand dollars per annum\non April first, two thousand twelve, and shall be increased each year\nthereafter by a percentage to be determined annually by reference to the\nconsumer price index (all urban consumers, CPI-U, U.S. city average, all\nitems, 1982-84=100), published by the United States bureau of labor\nstatistics, for each applicable calendar year. Said percentage shall\nequal the annual inflation as determined from the increase in the\nconsumer price index in the one year period ending on the December\nthirty-first preceding the overtime ceiling adjustment effective on the\nensuing April first.\n  (ii) Commencing January first, two thousand eighteen, and each year\nthereafter, the overtime ceiling percentage shall be increased by an\namount equal to the annual inflation as determined from the increase in\nthe consumer price index in the one year period ending on the September\nthirtieth prior to the overtime ceiling adjustment effective on the\nensuing January first.\n  (iii) Commencing January first, two thousand twenty-seven, for members\nwho first become members of such system on or after January first, two\nthousand ten, the "over-time ceiling" shall mean thirty thousand dollars\nper annum and shall be increased by three percent each year thereafter.\n  * NB Effective January 1, 2027\n  (d) For the purpose of calculation a member's primary federal social\nsecurity retirement or disability benefit, wages shall, in any calendar\nyear, be limited to the portion of the member's wages which would be\nsubject to tax under section three thousand one hundred twenty-one of\nthe internal revenue code of nineteen hundred fifty-four, or any\npredecessor or successor provision relating thereto, if such member was\nemployed by a private employer.\n  (e) For members who first become members of the New York state and\nlocal employees' retirement system on or after the effective date of\nchapter eighteen of the laws of two thousand twelve, the following items\nshall not be included in the definition of wages: (a) wages in excess of\nthe annual salary paid to the governor pursuant to section three of\narticle four of the state constitution, (b) lump sum payments for\ndeferred compensation, sick leave, accumulated vacation or other credits\nfor time not worked, (c) any form of termination pay, (d) any additional\ncompensation paid in anticipation of retirement, and (e) in the case of\nemployees who receive wages from three or more employers in a twelve\nmonth period, the wages paid by the third and each successive employer.\n  (f) For New York city enhanced plan members who receive the ordinary\ndisability benefit provided for in subdivision c-1 of section five\nhundred six of this article or the accidental disability benefit\nprovided for in paragraph three of subdivision c of section five hundred\nseven of this article, the following items shall not be included in the\ndefinition of wages: (a) lump sum payments for deferred compensation,\nsick leave, accumulated vacation or other credits for time not worked,\n(b) any form of termination pay, (c) any additional compensation paid in\nanticipation of retirement, and (d) in the case of employees who receive\nwages from three or more employers in a twelve month period, the wages\npaid by the third and each successive employer.\n  25. "New York city uniformed correction/sanitation revised plan\nmember" shall mean a member who becomes subject to the provisions of\nthis article on or after April first, two thousand twelve, and who is a\nmember of either the uniformed force of the New York city department of\ncorrection or the uniformed force of the New York city department of\nsanitation.\n  26. "New York city police/fire revised plan member" shall mean a\npolice/fire member who becomes subject to the provisions of this article\non or after April first, two thousand twelve, and who is a member of\neither the New York city police pension fund or the New York city fire\ndepartment pension fund.\n  27. "Investigator revised plan member" shall mean an investigator\nmember of the New York city employees' retirement system who is a police\nofficer as defined in paragraph (g) of subdivision thirty-four of\nsection 1.20 of the criminal procedure law, and who becomes subject to\nthe provisions of this article on or after April first, two thousand\ntwelve.\n  28. "New York city enhanced plan member" shall mean (a) a New York\ncity police/fire revised plan member who becomes subject to the\nprovisions of this article on or after June fifteenth, two thousand\nsixteen and who is a member of the New York city fire department pension\nfund, (b) a police/fire member who is a member of the New York city fire\ndepartment pension fund and who makes an election, which shall be\nirrevocable and shall be duly executed and filed with the administrative\nhead of such pension fund no later than one hundred twenty days after\nthe effective date of this subdivision, to be subject to the provisions\nof this article related to New York city enhanced plan members, (c) a\nNew York city police/fire revised plan member who became subject to the\nprovisions of this article before June fifteenth, two thousand sixteen,\nwho is a member of the New York city fire department pension fund, and\nwho makes an election, which shall be irrevocable and shall be duly\nexecuted and filed with the administrative head of such pension fund no\nlater than one hundred twenty days after the effective date of this\nsubdivision, to be subject to the provisions of this article related to\nNew York city enhanced plan members, (d) a New York city police/fire\nrevised plan member who becomes subject to the provisions of this\narticle on or after April first, two thousand seventeen and who is a\nmember of the New York city police pension fund, (e) a police/fire\nmember who is a member of the New York city police pension fund and who\nmakes an election, which shall be irrevocable and shall be duly executed\nand filed with the administrative head of such pension fund no later\nthan one hundred twenty days after the effective date of the chapter of\nthe laws of two thousand seventeen which amended this subdivision, to be\nsubject to the provisions of this article related to New York city\nenhanced plan members, or (f) a New York city police/fire revised plan\nmember who became subject to the provisions of this article before April\nfirst, two thousand seventeen, who is a member of the New York city\npolice pension fund, and who makes an election, which shall be\nirrevocable and shall be duly executed and filed with the administrative\nhead of such pension fund no later than one hundred twenty days after\nthe effective date of the chapter of the laws of two thousand seventeen\nwhich amended this subdivision, to be subject to the provisions of this\narticle related to New York city enhanced plan members.\n