NY Ret & SS L § 511 (2021)
2021 New York Laws RSS - Retirement and Social Security Article 14 - Coordinated-Escalator Retirement Plan 511 - Coordination With Social Security Benefits.

§  511.  Coordination  with  social  security  benefits. a. A member's service retirement or disability  benefit  shall  be  reduced  by  fifty percent of the primary social security retirement or disability benefit, as  the  case  may  be, commencing at (i) age sixty-two, with respect to service retirement benefits which commence at or  before  such  age,  or disability benefits paid to a disability retiree who is not eligible for or receiving primary social security disability benefits, or (ii) on the date  on  which  such  member  first becomes eligible to receive primary social security disability benefits, with respect to disability benefits paid to a disability retiree who is eligible for primary social security disability benefits, or (iii) on the date  such  member  separates  from service, if later than age sixty-two.   b. A member's primary social security retirement or disability benefit shall  mean  the  social  security  benefit  computed  as of the time of separation from service on benefit levels then in effect.  In  no  event shall a benefit payable under this article be reduced as a result of any increase in social security benefits which occurs after the day on which such   member   last  separated  from  service.  Provided,  however,  in determining the applicable date pursuant to the preceding sentence,  any period  of  service  immediately  prior to such separation which was not allowable as credited service pursuant to section five hundred  thirteen shall be disregarded.   c.  1.  A  member's  primary  social security retirement or disability benefit, for offset purposes,  shall  be  the  member's  federal  social security  primary  insurance amount, calculated as hereinafter provided. In determining a member's  primary  insurance  amount,  only  wages  for service  with  a  public employer shall be included during years of such service, and zero earnings shall be used for  all  other  years  in  the member's  federal  social security benefit computation period. Provided, however, that a member's primary insurance  amount  shall  in  no  event exceed the amount determined pursuant to paragraph two.   2.  A member's primary insurance amount shall be determined under this paragraph if a lower amount  would  thereby  result.  In  determining  a member's primary insurance amount hereunder, only wages for service with a  public  employer  shall be included during years of such service. The member's highest annual wage earned during  any  calendar  year  of  the final  five  calendar  years  of service with a public employer shall be used for all years of  the  member's  federal  social  security  benefit computation  period, if any, falling after such member's separation from such service up  to  age  sixty-two  if  separation  occurs  before  age sixty-two. Such highest annual wage shall be used for the final calendar year  of  service  and,  reduced  by five percent per year for each year preceding such final calendar year of service, shall  be  used  for  all years of the applicable social security benefit computation period which precede  the  final calendar year of such member's service with a public employer. The primary insurance amount, as determined  above,  shall  be then  reduced  by  a fraction, the numerator of which shall be the total years and parts thereof (measured in months) of service  with  a  public employer,  and  the  denominator  of  which shall be the total number of years in the member's social security benefit computation period.   d. The member's primary social security disability benefit, for offset purposes,  shall  equal  the  member's  primary  insurance  amount.  The member's   primary   social  security  retirement  benefit,  for  offset purposes, shall equal the member's primary insurance amount  (i) reduced by five-ninths of one percent  for  each  month,  or  part thereof,  that  separation  from  service  upon  retirement (or the date benefits commence, if later)  precedes  attainment  of  age  sixty-five,  provided  that such reduction, in no event, shall exceed twenty percent, or  (ii)  increased  by  one-twelfth  of  one  percent for each month that separation from  service  upon  retirement  exceeds  attainment  of  age sixty-five.   e.  Except  as otherwise provided herein, a member's primary insurance amount shall be determined as provided in the  federal  social  security act, and the rules and regulations promulgated thereunder.   f.  This  section  shall not apply to general members in the uniformed correction force of the New York city department  of  correction  or  to uniformed  personnel  in  institutions  under  the  jurisdiction  of the department  of  corrections  and  community  supervision  and   security hospital treatment assistants, as those terms are defined in subdivision i  of  section  eighty-nine of this chapter, provided, however, that the provisions of this section shall apply to  a  New  York  city  uniformed correction/sanitation revised plan member.   g.  This  section  shall  not  apply  to a New York city enhanced plan member who receives the ordinary  disability  benefit  provided  for  in subdivision  c-1  of  section  five  hundred  six of this article or the accidental  disability  benefit  provided  for  in  paragraph  three  of subdivision c of section five hundred seven of this article.