NY Ret & SS L § 80-A (2021)
2021 New York Laws RSS - Retirement and Social Security Article 2 - New York State Employees' Retirement System Title 9 - Special Retirement Plans Applicable to Specified Classes of Members 80-A - Legislative and Executive Retirement Plan; New Plan.

§  80-a.  Legislative  and executive retirement plan; new plan.  a. As used in this section the following words  and  phrases  shall  have  the following meanings unless a different meaning is plainly required by the context:   1.   "Legislative   and   executive   member".   A   person   who   is lieutenant-governor,  comptroller,  attorney-general,  a   senator,   an assemblyman  or  an  annual  or session employee of the legislature, and elects to come under the provisions of this section.   1-a. "Legislative employee" means (a) an officer or  employee  of  the senate;  (b)  an  officer or employee of the assembly; (c) an officer or employee of a joint legislative  employer.  For  the  purposes  of  this subdivision,   the   term   "joint   legislative  employer"  shall  mean legislative  commissions,  committees,  task  forces  (irrespective   of intended or actual duration), joint legislative commissions, councils or similar  bodies  whose  membership  is  comprised  of  both senators and assembly members, or which consist of commissioners, or the majority  of whose  membership  is  appointed  by  one  or more of the following: the temporary president of the senate, the  speaker  of  the  assembly,  the minority  leader  of  the  senate  and/or  the  minority  leader  of the assembly, and shall include officers and employees  of  the  legislative library,  legislative  health service, legislative messenger service and including components of the senate or assembly that  are  so  identified pursuant  to the legislative law; and further shall include officers and employees of a joint legislative employer  which  at  the  time  of  the service   satisfies  the  foregoing  definition  of  "joint  legislative employer".  "Legislative service" or "legislative employment" shall mean service or employment as a legislative employee as defined herein.   2. "Annual employee". A person  employed  by  the  legislature  on  an annual  payroll  for not less than twenty-six weeks in any calendar year (exclusive of employees of joint  legislative  committees  or  temporary commissions)  regardless  of  whether or not such service is consecutive and regardless of whether rendered before or after the effective date of this act.   3.  "Session employee". A person employed  by  the  legislature  on  a session  payroll  during  the  entire period of a regular session of the legislature. For the purposes of this paragraph, the entire period of  a regular  session of the legislature shall mean the period covered by the session  payroll  schedule  adopted  for  administrative  purposes   and certified  to by the temporary president of the senate or the speaker of the assembly, as the case may be,  at  the  commencement  of  a  regular session of the legislature.   4.   "Final   average   salary".  The  average  yearly  and/or  annual compensation earned during any three  consecutive  years  of  creditable service, as selected by such member at the time of retirement.   5.  "Yearly  compensation".  The  total  salary or wages and statutory allowance paid in any  calendar  year  for  creditable  service  to  the lieutenant-governor,   comptroller,   attorney-general,  a  senator,  an assemblyman or an annual or session employee of the legislature for  any purpose, and/or while a delegate, officer or employee of the conventions to  revise and amend the constitution of the state in the years nineteen hundred thirty-eight or nineteen hundred sixty-seven, or both.   6. "Annual compensation". The  total  salary  or  wages  paid  in  any calendar year to a person for any creditable service under this section, other     than     service    as    lieutenant-governor,    comptroller, attorney-general, a senator, an assemblyman  or  an  annual  or  session employee of the legislature.   7.  "Creditable  service".  Regardless  of  whether rendered before or after  the  effective  date  of  this  section,  service   rendered   as  lieutenant-governor,   comptroller,   attorney-general,  a  senator,  an assemblyman or an annual or session employee  of  the  legislature,  and service  rendered  to  the state, any political subdivision thereof or a public  benefit  corporation  for  which  credit  is  granted  under the provisions of this or any other section of this  chapter,  and  military service.  A  senator  or an assemblyman or a session employee who serves during an entire regular legislative session, and an annual employee who serves not less than twenty-six weeks during any calendar year shall  be credited with service for the entire year. Notwithstanding the foregoing provisions  of  this  paragraph,  service  rendered  to  the  state, any political subdivision thereof or a public benefit corporation for  which credit  is  granted  under  the  provisions of any other section of this chapter shall not be deemed to be creditable service, as herein defined, if rendered by a person who becomes a member  under  the  provisions  of this section on and after July first, nineteen hundred seventy-two.   8.  "Military  service".  (a)  Prior  military  service  as defined in paragraphs d and e of subdivision twenty-four of  section  two  of  this chapter; and  (b)  Service  in  war  after  world  war  I as defined in subdivisions twenty-nine, twenty-nine-a, thirty, and thirty-one  of  section  two  of this chapter; and  (c) In the case of a senator or assemblyman, service, not in excess of three  years and not otherwise creditable under subparagraph (b) of this paragraph eight, rendered on active duty in  the  armed  forces  of  the United  States during the period commencing July first, nineteen hundred forty,  and  terminating   December   thirty-first,   nineteen   hundred forty-six,  by  a  person who was a resident of the state at the time of entry into service and at the time of being discharged  therefrom  under honorable circumstances.   9.  "Service fraction". The fraction by which a member's final average salary times his years  of  service  is  multiplied  to  determine  such member's pension.   b.    Any    person    who    is   lieutenant-governor,   comptroller, attorney-general, a senator, an assemblyman  or  an  annual  or  session employee  of  the  legislature may elect to come under the provisions of this section by filing an application therefor with the  comptroller  on or  before  April  first, nineteen hundred sixty-nine or within one year after    he    last    becomes     lieutenant-governor,     comptroller, attorney-general,  a  senator,  an  assemblyman  or an annual or session employee of the legislature, whichever is later. One year or more  after the  filing  thereof, a member may withdraw any such election by written notice duly acknowledged and filed with the comptroller.   c. 1. A legislative and executive member who, while a member  of  this retirement  system  under  the  provisions  of any other section of this chapter,  elected,  prior  to  August   nineteenth,   nineteen   hundred sixty-seven,  to  contribute  at  a  rate  of contribution determined in accordance with the  provisions  of  such  section,  shall  continue  to contribute  at such rate until such election is withdrawn as provided in subdivision e of section seventy-five-a of this chapter.   2. No contribution may be made by a legislative and  executive  member under the provisions of this section who:  (a)  becomes  a  member  of  the  retirement system on and after April first, nineteen hundred sixty-eight; or  (b) was a non-contributory member of the retirement system at the time he elects to come under the provisions of this section.   3. In addition, every person who  was  a  member  of  this  retirement system  prior to August nineteenth, nineteen hundred sixty-six may elect  or may continue to make  contributions  pursuant  to  subdivision  i  of section twenty-one of this chapter.   d.  1.  A  legislative  and executive member who does not withdraw his contributions made prior to April first, nineteen hundred  sixty,  shall be  entitled  to  retire,  subject to the provisions of subdivision h of this section, upon his:  (a) Completion of twenty years  of  service  as  a  state  senator  or assemblyman,  which  may include service credited under subparagraph (c) of paragraph eight of subdivision a of this section, or  (b) Completion of at least five years of service as a legislative  and executive member, and  (c)  Completion  of  at  least  five  additional  years  of creditable service, and  (d) Attainment of age fifty-five, by filing an application therefor in a manner similar to  that  provided in section seventy of this article.   2.  (a) Upon completion of such service and upon retirement, each such legislative and executive member shall receive a pension for  creditable service  prior  to  April  first, nineteen hundred sixty which, together with an annuity, if any, which shall be the actuarial equivalent of  his accumulated  normal  contributions  attributable  to the period prior to April first, nineteen hundred sixty, and accumulated contributions  paid to  receive  credit for military service as defined in subparagraph c of paragraph eight of subdivision a of this section, shall be sufficient to provide him with a retirement allowance equal  to  one-fortieth  of  his final average salary for each year of such service.   For  the  purpose  only  of  determining  the  amount  of such pension provided for in this subparagraph (a), the annuity shall be computed  as it  would  be  if it were not reduced by the actuarial equivalent of any outstanding loan,  and  if  it  were  not  increased  by  the  actuarial equivalent  of  other  than  normal  contributions,  and  if it were not reduced by reason of the legislative and executive member's election  to decrease  his annuity contributions to the retirement system in order to apply the amount of such reduction in payment of his  contributions  for old age and survivors insurance coverage.  (b)  In  addition,  each  such  legislative and executive member shall receive:  (1)  An  additional  annuity  which  shall  be  the  actuarial equivalent  of  his  accumulated contributions other than those required pursuant to subparagraph (a) of paragraph two  of  this  subdivision  or made on and after April first, nineteen hundred sixty to this retirememt system,  or  to  a  local  pension  system  in  the case of a member who transfers his membership to this retirement system  on  and  after  such date pursuant to section forty-three of this chapter; and  (2)  An  additional  pension  of  one-fortieth  of such member's final average salary for each year of creditable service  after  April  first, nineteen hundred sixty.   3.  In no event shall the sum total of the pensions payable under this section to any member exceed seventy-five  per  cent  of  such  member's final average salary.   e.  Any  legislative  and  executive  member  who was a member of this retirement system pursuant to the provisions of  any  other  section  of this  chapter, and/or who was a member of a local pension system and who receives or received service credit therefor in this  retirement  system pursuant  to  section forty-three of this chapter, and/or who renders or rendered military service, shall receive full credit under this  section for  such service. In addition to credit for military service previously granted or subsequently granted pursuant to  other  provisions  of  this chapter,  credit  for military service as defined in subparagraph (c) of  paragraph eight of subdivision a of this section shall be  granted  upon payment  by  the  member  of both the amount of contributions which such member would have been required to pay into the annuity savings fund and the  amount  which  the  state  would have been required to pay into the pension accumulation fund if such service had been  legislative  service pursuant  to  section eighty of this chapter. No credit shall be allowed for military service if, but for the member's failure to  avail  himself of  the privilege of transfer within the time and in the manner provided in section forty-three of this article, credit for  such  service  could have been obtained upon transfer from another retirement system pursuant to  such  section, nor shall such credit for military service as defined in subparagraph (c) of paragraph eight of subdivision a of this  section be  allowed  if  application for such credit is made later than one year after first becoming a member of the legislative and executive plan  set forth in this section. Such contributions shall be paid in a lump sum or in  such  installments  as  the  comptroller shall approve, and shall be reduced by the amount of  applicable  contributions,  if  any,  made  or transferred  to this retirement system under any section of this chapter for such service.   f. 1. A legislative and  executive  member  who  discontinues  service other  than  by  death  or retirement after March thirty-first, nineteen hundred sixty-eight and who has received credit for service on the basis of the plan contained in this section for at least  ten  years  and  who does  not withdraw his contributions made prior to April first, nineteen hundred sixty shall be eligible to retire on the date  when  the  member would  have  otherwise been eligible to retire pursuant to subdivision d of this section had he continued in the service covered by this section, and shall receive a retirement allowance computed in accordance with the provisions of paragraph two of this subdivision.   2. (a) Such vested retirement allowance shall consist of a pension for creditable service prior to April first, nineteen hundred  sixty  which, together  with  an  annuity,  if  any,  which  shall  be  the  actuarial equivalent of his accumulated normal contributions attributable  to  the period  prior  to  April  first,  nineteen hundred sixty and accumulated contributions paid to receive credit for military service as defined  in subparagraph  c  of  paragraph  eight  of subdivision a of this section, shall be sufficient to provide him with a retirement allowance equal  to one-fortieth of his final average salary for each year of such service.   For  the  purpose  only  of  determining  the  amount  of such pension provided for in this subparagraph (a), the annuity shall be computed  as it  would  be  if it were not reduced by the actuarial equivalent of any outstanding loan,  and  if  it  were  not  increased  by  the  actuarial equivalent  of  other  than  normal  contributions,  and  if it were not reduced by reason of the legislative and executive member's election  to decrease  his annuity contributions to the retirement system in order to apply the amount of such reduction in payment of his  contributions  for old age and survivors insurance coverage.  (b) In addition, such vested retirement allowance shall include:  (1)  an  additional annuity which shall be the actuarial equivalent of his accumulated contributions other  than  those  required  pursuant  to subparagraph a of paragraph two of this subdivision or made on and after April  first, nineteen hundred sixty, to this retirement system, or to a local pension  system  in  the  case  of  a  member  who  transfers  his membership  to this retirement system on and after such date pursuant to section forty-three of this chapter, and  (2) an additional pension  of  one-fortieth  of  such  member's  final average  salary  for  each year of creditable service after April first, nineteen hundred sixty.    g. 1. Any legislative and executive  member,  who  has  vested  rights under  subdivision  f  of this section, who terminates his employment as lieutenant-governor,  comptroller,  attorney-general,  a   senator,   an assemblyman or an annual or session employee of the legislature, and who obtains  other  employment  in  the  service  of  the state, a political subdivision thereof or a public  benefit  corporation  participating  in this  retirement system or maintaining a local pension system from or to which a person may transfer pursuant  to  section  forty-three  of  this chapter,  may elect to continue to be a legislative and executive member and be covered by,  and  make  contributions  in  accordance  with,  the provisions  of  this  section in the same manner as during his period of service  as  lieutenant-governor,   comptroller,   attorney-general,   a senator,  an  assemblyman  or  an  annual  or  session  employee  of the legislature. In such case, notwithstanding the provisions of item (2) of subparagraph (b) of paragraph two of subdivision  d,  and  item  (2)  of subparagraph  (b)  of  paragraph  two  of  subdivision f, the additional pension earned under this subdivision g shall be computed by multiplying the member's final average salary for each such year of service  by  the service  fraction  applicable  to  the  section of this chapter or local pension system which  otherwise  would  have  been  applicable  to  such member.   2. Notwithstanding any general, special or local law, charter or code, any  such  member  who  makes  the election provided in this subdivision shall not be  eligible  for  membership  in  the  local  pension  system maintained by the political subdivision or public benefit corporation by which he is employed.   3.  Every  political  subdivision  or public benefit corporation which employs any such member shall  make  contributions  to  this  retirement system  on  behalf  of  such member equal to the amount of contributions otherwise required  of  the  political  subdivision  or  public  benefit corporation  by  this  retirement  system in the case of a participating employer,  or  by  the  local  pension  system  in   the   case   of   a non-participating  employer.  Such contributions shall be transferred to this retirement system at such times and in  such  manner  as  shall  be prescribed by the comptroller.   h.  1.  No  member shall be eligible to retire under the provisions of subdivision d of this section unless he was a legislative and  executive member  and/or  elected  to  be continued as a legislative and executive member pursuant to subdivision g of this  section  for  at  least  three years  immediately  prior to his date of retirement, or was a senator or assemblyman for at least two years immediately  prior  to  his  date  of retirement.   2.  No  member  shall  be  eligible  to retire under the provisions of subdivision f of this section unless he was a legislative and  executive member  and/or  elected  to  be continued as a legislative and executive member pursuant to subdivision g of this  section  for  at  least  three years  immediately  prior  to  his  discontinuance  of  service or was a senator or assemblyman for at least two years immediately prior  to  his discontinuance of service.   i.  Whenever any death benefit, based upon eligibility for retirement, is granted by any other provision of this chapter or any other law,  any legislative  and  executive plan member shall be considered to have been eligible to retire after the completion of twenty  years  of  creditable service   as  defined  in  this  section,  including  five  years  as  a legislative and executive member, notwithstanding any other  requirement contained in this section respecting minimum age for retirement.   j.  On and after July first, nineteen hundred seventy-three, no person may elect to be covered under the provisions of this section.    k. The provisions of this section shall be controlling notwithstanding any provision of this chapter to the contrary.