NY Ret & SS L § 601 (2021)
2021 New York Laws RSS - Retirement and Social Security Article 15 - Coordinated Retirement Plan 601 - Definitions.

§  601.  Definitions.  The following words and phrases as used in this article shall have the following meanings unless a different meaning  is plainly required by the context:   a. "Active service" shall mean service while being paid on the payroll of  a  participating employer provided, however, a leave of absence with pay may be deemed active  service  pursuant  to  rules  and  regulations adopted by a public retirement system of the state.   b.  "Credited  service" shall mean all service which has been credited to a member pursuant to section six hundred nine of this article.   c. "Creditable service" is service which qualifies to  be  counted  as credited service pursuant to section six hundred nine of this article.   d.  "Eligible  beneficiary"  for  the  purposes of section six hundred seven of this article shall mean the following  persons  or  classes  of persons in the order set forth:   1.  A  surviving spouse who has not renounced survivorship rights in a separation agreement, until remarriage;   2. Surviving children until age twenty-five;   3. Dependent parents, determined under regulations promulgated by  the head of the retirement system;   4.  Any other person who qualified as a dependent on the final federal income tax return of  the  member  or  the  return  filed  in  the  year immediately  preceding  the  year  of  death,  until such person reaches twenty-one years  of  age.  In  the  event  that  a  class  of  eligible beneficiaries  consists  of  more  than  one  person,  benefits shall be divided equally among the persons in such class; and   5. With respect to members of the New York city employees'  retirement system  or  the  board  of education employees' retirement system of the city of New York only, a person or persons whom the  member  shall  have nominated  in  the  form of a written designation, duly acknowledged and filed with the head of the retirement system for the purpose of  section six hundred six of this article.   6. Notwithstanding any other provisions of law, "eligible beneficiary" of  a New York city uniformed sanitation member shall mean the following persons or classes of persons in the order set forth:  (i)  a  surviving spouse  who  has  not  renounced survivorship in a separation agreement, (ii) surviving children until age twenty-five, (iii) dependent  parents, determined under regulations promulgated by the comptroller and (iv) any other  person  who  qualified as a dependent on the final federal income tax return of the member or the return filed  in  the  year  immediately preceding  the year of death, until such person reaches twenty-one years of age.   e. "Member" shall mean a member subject  to  the  provisions  of  this article.   f.  "Head  of  the retirement system" shall mean the comptroller, with respect to the state employees' retirement  system  and  the  retirement board of the other public retirement systems of the state.   g. "Mandatory retirement age" shall mean age seventy.   h. "Normal retirement age" shall mean age sixty-two.   i.  "Participating  employer"  shall  mean  a  public  employer who is participating in a public retirement system of the state.   j. "Public employer"  shall  mean  an  employer  who  is  eligible  to participate in a public retirement system of the state.   k.  "Public  retirement  system  of the state" shall mean the New York state employees' retirement system, New York state teachers'  retirement system,  New York city employees' retirement system (except with respect to members qualified for participation in the uniformed  transit  police force  plan  or  housing  police  force  plan),  New York city teachers'  retirement system and the New York city board  of  education  retirement system.   l. (a) "Wages" shall mean regular compensation earned by and paid to a member  by a public employer, except that for members who first join the New York state and local employees' retirement system or  the  New  York state  teachers'  retirement  system  on  or  after  January  first, two thousand ten, overtime compensation paid in any year in  excess  of  the overtime  ceiling, as defined by this subdivision, shall not be included in the definition of wages.  (b) "Overtime compensation" shall mean, for purposes of this  section, compensation paid under any law or policy under which employees are paid at  a  rate greater than their standard rate for additional hours worked beyond those required, including compensation  paid  under  section  one hundred  thirty-four  of the civil service law and section ninety of the general municipal law.  (c) The "overtime ceiling" shall mean  fifteen  thousand  dollars  per annum  on  January  first,  two  thousand ten, and shall be increased by three per cent each year thereafter, provided, however, that:  (i) for members who first become members of a public retirement system of the state on or after April first,  two  thousand  twelve,  "overtime ceiling"  shall  mean fifteen thousand dollars per annum on April first, two thousand twelve, and shall be increased each year  thereafter  by  a percentage  to be determined annually by reference to the consumer price index (all  urban  consumers,  CPI-U,  U.S.  city  average,  all  items, 1982-84=100), published by the United States bureau of labor statistics, for  each  applicable  calendar  year.  Said  percentage shall equal the annual inflation as determined from the increase in the  consumer  price index  in  the  one  year  period  ending  on  the December thirty-first preceding the overtime ceiling adjustment effective on the ensuing April first.  (ii) Commencing January first, two thousand eighteen,  and  each  year thereafter,  the  overtime  ceiling  percentage shall be increased by an amount equal to the annual inflation as determined from the increase  in the  consumer price index in the one year period ending on the September thirtieth prior to the overtime  ceiling  adjustment  effective  on  the ensuing January first.  (d) For members who first join a public retirement system of the state on  or after April first, two thousand twelve, the following items shall not be included in the definition of wages: 1. wages in  excess  of  the annual  salary paid to the governor pursuant to section three of article four of the state  constitution,  2.  lump  sum  payments  for  deferred compensation, sick leave, accumulated vacation or other credits for time not   worked,  3.  any  form  of  termination  pay,  4.  any  additional compensation paid in anticipation of retirement, and 5. in the  case  of employees  who  receive  wages  from three or more employers in a twelve month period, the wages paid by the third and each additional employer.   m. "New York city revised plan member" shall mean a member of the  New York  city  employees'  retirement  system,  the New York city teachers' retirement system or the board of education  retirement  system  of  the city  of  New York who becomes subject to the provisions of this article on or after April first, two thousand twelve.