N.Y. RSS Law § 163 — New York Code / Act RSS / Article 4 / Section 163
Computation of supplemental pensions
Status: in_force

§ 163. Computation of supplemental pensions.  1. The monthly\nsupplemental pension to be paid to a state retired employee shall be\ncomputed by\n  (a) multiplying by forty (or forty-three and two-fifths in a case\nwhere a retired employee may under this act receive a maximum retirement\nallowance or pension, computed without optional modification, of\nthirteen hundred and two dollars) the number of years, not exceeding\nthirty, of allowable and credited service on which his retirement\nallowance or pension is based,\n  (b) subtracting therefrom the amount of his annual retirement\nallowance or pension, computed without optional modification, and\n  (c) dividing the results so obtained by twelve.\n  2. In no event shall the monthly supplemental pension paid to a state\nretired employee exceed\n  (a) twenty-five dollars, or thirty-three dollars and fifty cents in\nany case where the maximum under paragraph (b) of this subdivision is\none hundred eight dollars and fifty cents, or\n  (b) an amount which, when added to an amount equal to one-twelfth of\nhis annual retirement allowance or pension, computed without optional\nmodification, exceeds\n  (1) the sum of one hundred dollars, or\n  (2) one hundred eight dollars and fifty cents, in the case of a state\nretired employee who attained age sixty-five before April first,\nnineteen hundred fifty-six, or who attains such age on or after such\ndate, beginning with the month of April nineteen hundred fifty-six, if\nhe is then sixty-five years of age or beginning with the month\nthereafter during which he attains age sixty-five, or who is a female\nperson who attained age sixty-two before April first, nineteen hundred\nfifty-seven, or who attains such age on or after such date, beginning\nwith the month of April nineteen hundred fifty-seven, if she is then\nsixty-two years of age or beginning with the month thereafter during\nwhich she attains age sixty-two, or is retired for disability, either\nbefore or after attaining age fifty, and who attained such age before\nApril first, nineteen hundred fifty-seven, or who attains such age on or\nafter such date, beginning with the month of April nineteen hundred\nfifty-seven, if he is then fifty years of age or beginning with the\nmonth thereafter during which he attains age fifty, or\n  (3) one hundred eight dollars and fifty cents, in the case of a local\nretired employee, where the municipality shall have provided by local\nlaw, ordinance or resolution for payments up to such sum for local\nretired employees who attained age sixty-five before April first,\nnineteen hundred fifty-six, or who attain such age on or after such\ndate, beginning with the month when such local law, ordinance or\nresolution shall become effective, if such local retired employee is\nthen sixty-five years of age or beginning with the month thereafter\nduring which he attains age sixty-five, or who are female persons who\nattained age sixty-two before April first, nineteen hundred fifty-seven,\nor who attain such age on or after such date, beginning with the month\nwhen such local law, ordinance or resolution shall become effective, if\nsuch local retired employee is then sixty-two years of age or beginning\nwith the month thereafter during which she attains age sixty-two, or who\nare retired for disability, either before or after attaining age fifty,\nand who attained age fifty before April first, nineteen hundred\nfifty-seven, or who attain such age on or after such date, beginning\nwith the month when such local law, ordinance or resolution shall become\neffective, if such local retired employee is then fifty years of age or\nbeginning with the month thereafter during which she attains age fifty.\n  3. Except as otherwise provided by or pursuant to subdivision five or\nsubdivision six of this section, the monthly supplemental pension to be\npaid to a state retired teacher shall be twenty-five dollars plus the\namount, if any, by which one-twelfth of his annual retirement allowance,\ncomputed without optional modification, is less than fifty dollars. In\nno event shall the monthly supplemental pension paid to a state retired\nteacher exceed an amount which, when added to an amount equal to\none-twelfth of his annual retirement allowance, computed without\noptional modification, exceeds the sum of one hundred dollars.\n  4. For the purposes of this section, in determining the number of\nyears of allowable and credited service, a major fraction of a year\nshall be counted as a full year.\n  5. Notwithstanding any other provision of this act but except as\notherwise provided by or pursuant to subdivision six and subdivision\nseven of this section, any state retired teacher who\n  (a) attained age sixty-five before April first, nineteen hundred\nfifty-six, or who attains such age on or after such date and who is\nreceiving or is entitled to receive a supplemental pension pursuant to\nthis act on or after such date shall, beginning with the month of April,\nnineteen hundred fifty-six, if he is then sixty-five years of age or\nbeginning with the month thereafter during which he attains age\nsixty-five, or\n  (b) is a female person who attained age sixty-two before April first,\nnineteen hundred fifty-seven, or who attains such age on or after such\ndate and who is receiving or entitled to receive a supplemental pension\npursuant to this act on or after such date shall, beginning with the\nmonth of April, nineteen hundred fifty-seven, if she is then sixty-two\nyears of age or beginning with the month thereafter during which she\nattains age sixty-two, or\n  (c) is retired for disability, either before or after attaining age\nfifty, and who attained such age before April first, nineteen hundred\nfifty-seven, or who attains such age on or after such date and who is\nreceiving or entitled to receive a supplemental pension pursuant to this\nact on or after such date shall, beginning with the month of April,\nnineteen hundred fifty-seven, if he is then fifty years of age or\nbeginning with the month thereafter during which he attains age fifty,\nreceive a monthly supplemental pension in an amount which when added to\nhis monthly retirement allowance or pension, computed without optional\nmodification, including any modification due to additional contributions\nas authorized by subdivision three of section five hundred sixteen of\nthe education law shall be equal to one hundred eight dollars and fifty\ncents; provided, however, that this subdivision shall not become\noperative in the case of a local retired teacher unless and until a\nlocal law, ordinance or resolution authorizing such additional\nsupplemental pension payments for such a person or persons shall have\nbecome effective.\nreceive a monthly supplemental pension in an amount which when added to\nhis monthly retirement allowance or pension, computed without optional\nmodification, shall be equal to one hundred eight dollars and fifty\ncents; provided, however, that this subdivision shall not become\noperative in the case of a local retired teacher unless and until a\nlocal law, ordinance or resolution authorizing such additional\nsupplemental pension payments for such a person or persons shall have\nbecome effective.\n  6. Notwithstanding any other provision of this act except as otherwise\nprovided by or pursuant to subdivision seven of this section, (a) a\nstate retired teacher, having retired prior to July first, nineteen\nhundred sixty-one, who is not receiving the primary benefit obtained\nunder the federal old-age, survivors, and disability insurance system,\nshall receive, beginning with the month of September, nineteen hundred\nsixty-five, a monthly supplemental pension in an amount which when added\nto his monthly retirement allowance or pension, computed without\noptional modification, shall be equal to two hundred dollars and\nbeginning with the month of September, nineteen hundred seventy, a\nmonthly supplemental pension in an amount which, when added to his\nmonthly retirement allowance or pension, computed without optional\nmodification, shall be equal to two hundred twenty-five dollars, or (b)\na state retired teacher, having retired prior to July first, nineteen\nhundred sixty-one, who is receiving the primary benefit obtained under\nthe federal old-age, survivors, and disability insurance system, shall\nreceive, beginning with the month of April, nineteen hundred sixty-five,\na monthly supplemental pension in an amount which, when added to his\nmonthly retirement allowance or pension, without optional modification,\nshall be equal to one hundred seventy-five dollars; provided, however,\nthat this subdivision shall not become operative in the case of a local\nretired teacher unless and until a local law, ordinance or resolution\nauthorizing such additional supplemental pension payments for such a\nperson or persons shall have become effective, and further provided that\nnothing herein contained shall be construed to reduce any pension or\nretirement allowance, or supplemental pension being received by any\nretired teacher prior to April first, nineteen hundred sixty-five. As\nused in this subdivision the term "optional modification" includes\nmodification due to additional contributions authorized by subdivision\nthree of section five hundred sixteen of the education law.\n  7. For persons retiring after June thirtieth, nineteen hundred sixty\nand prior to the effective date of this chapter, and who are otherwise\neligible for supplementation under provisions of this act, a retroactive\npayment for supplemental pensions shall be made, as if chapter one\nthousand forty of the laws of nineteen hundred sixty had not been\nenacted, covering the period between the date of retirement and the\neffective date of this chapter.\n