N.Y. RSS Law § 511 — New York Code / Act RSS / Article 14 / Section 511
Coordination with social security benefits
Status: in_force

§ 511. Coordination with social security benefits. a. A member's\nservice retirement or disability benefit shall be reduced by fifty\npercent of the primary social security retirement or disability benefit,\nas the case may be, commencing at (i) age sixty-two, with respect to\nservice retirement benefits which commence at or before such age, or\ndisability benefits paid to a disability retiree who is not eligible for\nor receiving primary social security disability benefits, or (ii) on the\ndate on which such member first becomes eligible to receive primary\nsocial security disability benefits, with respect to disability benefits\npaid to a disability retiree who is eligible for primary social security\ndisability benefits, or (iii) on the date such member separates from\nservice, if later than age sixty-two.\n  b. A member's primary social security retirement or disability benefit\nshall mean the social security benefit computed as of the time of\nseparation from service on benefit levels then in effect. In no event\nshall a benefit payable under this article be reduced as a result of any\nincrease in social security benefits which occurs after the day on which\nsuch member last separated from service. Provided, however, in\ndetermining the applicable date pursuant to the preceding sentence, any\nperiod of service immediately prior to such separation which was not\nallowable as credited service pursuant to section five hundred thirteen\nshall be disregarded.\n  c. 1. A member's primary social security retirement or disability\nbenefit, for offset purposes, shall be the member's federal social\nsecurity primary insurance amount, calculated as hereinafter provided.\nIn determining a member's primary insurance amount, only wages for\nservice with a public employer shall be included during years of such\nservice, and zero earnings shall be used for all other years in the\nmember's federal social security benefit computation period. Provided,\nhowever, that a member's primary insurance amount shall in no event\nexceed the amount determined pursuant to paragraph two.\n  2. A member's primary insurance amount shall be determined under this\nparagraph if a lower amount would thereby result. In determining a\nmember's primary insurance amount hereunder, only wages for service with\na public employer shall be included during years of such service. The\nmember's highest annual wage earned during any calendar year of the\nfinal five calendar years of service with a public employer shall be\nused for all years of the member's federal social security benefit\ncomputation period, if any, falling after such member's separation from\nsuch service up to age sixty-two if separation occurs before age\nsixty-two. Such highest annual wage shall be used for the final calendar\nyear of service and, reduced by five percent per year for each year\npreceding such final calendar year of service, shall be used for all\nyears of the applicable social security benefit computation period which\nprecede the final calendar year of such member's service with a public\nemployer. The primary insurance amount, as determined above, shall be\nthen reduced by a fraction, the numerator of which shall be the total\nyears and parts thereof (measured in months) of service with a public\nemployer, and the denominator of which shall be the total number of\nyears in the member's social security benefit computation period.\n  d. The member's primary social security disability benefit, for offset\npurposes, shall equal the member's primary insurance amount. The\nmember's primary social security retirement benefit, for offset\npurposes, shall equal the member's primary insurance amount\n  (i) reduced by five-ninths of one percent for each month, or part\nthereof, that separation from service upon retirement (or the date\nbenefits commence, if later) precedes attainment of age sixty-five,\nprovided that such reduction, in no event, shall exceed twenty percent,\nor\n  (ii) increased by one-twelfth of one percent for each month that\nseparation from service upon retirement exceeds attainment of age\nsixty-five.\n  e. Except as otherwise provided herein, a member's primary insurance\namount shall be determined as provided in the federal social security\nact, and the rules and regulations promulgated thereunder.\n  f. This section shall not apply to general members in the uniformed\ncorrection force of the New York city department of correction or to\nuniformed personnel in institutions under the jurisdiction of the\ndepartment of corrections and community supervision and security\nhospital treatment assistants, as those terms are defined in subdivision\ni of section eighty-nine of this chapter, provided, however, that the\nprovisions of this section shall apply to a New York city uniformed\ncorrection/sanitation revised plan member.\n  g. This section shall not apply to a New York city enhanced plan\nmember who receives the ordinary disability benefit provided for in\nsubdivision c-1 of section five hundred six of this article or the\naccidental disability benefit provided for in paragraph three of\nsubdivision c of section five hundred seven of this article.\n