2023 New York Laws › RSS - Retirement and Social Security › Article 8 - New York State and Local Police and Fire Retirement System › Title 12 - Provisions Relating to Retired Members › 401 - Reduction or Suspension of Benefits.

§  401.  Reduction  or suspension of benefits. a. If a retired member,
receiving a retirement allowance for  other  than  physical  disability,
returns  to  active public service, except as otherwise provided in this
section or sections two hundred eleven or two  hundred  twelve  of  this
chapter,  and  is  eligible  for  membership  in  the  police  and  fire
retirement system, he or she thereupon shall become a member and his  or
her  retirement  allowance  shall  cease. In such event, he or she shall
contribute to the police and fire retirement system as if he or she were
a new member. Upon his subsequent retirement he or she shall:
1. Be credited with all member service earned by him or her  since  he
or  she  last  became a member of the police and fire retirement system,
and
2. Received a retirement allowance which shall consist of:
(a) An annuity which is the actuarial equivalent of  all  his  or  her
accumulated contributions, and
(b)            The           pension           including           the
pension-providing-for-increased-take-home-pay  which  he  or   she   was
receiving   immediately   prior  to  his  or  her  last  restoration  to
membership,       plus       a       pension        including        the
pension-providing-for-increased-take-home-pay   based  upon  the  member
service credit earned by him or her  since  he  or  she  last  became  a
member.  Such  latter  pensions shall be computed as if he or she were a
new member when he or she last became a member.
Where such member shall have earned  at  least  two  years  of  member
service  credit  after  restoration to active service, the total service
credit to which he or she was entitled at the time of his or her earlier
retirement may, at his or her option, again be credited to  him  or  her
and upon his or her subsequent retirement he or she shall be credited in
addition  with all member service earned by him or her subsequent to his
or her last restoration to membership.  Such  total  service  credit  to
which  he  or  she  was  entitled  at  the  time  of  his or her earlier
retirement shall be so credited only  in  the  event  that  such  member
returns  to  the police and fire retirement system with regular interest
the actuarial equivalent of the amount of the retirement allowance he or
she received, or in the event that such amount  is  not  so  repaid  the
actuarial   equivalent  thereof  shall  be  deducted  from  his  or  her
subsequent retirement allowance.
Notwithstanding  the  foregoing  provisions  of  this  subdivision,  a
retired  member  who  is receiving a retirement allowance for other than
physical disability, and who returns to active public service, may elect
not to be restored to membership  in  the  police  and  fire  retirement
system until he or she has rendered one year of service following his or
her  return  to  public  service.  In  such  event his or her retirement
allowance shall be suspended during such year of service as provided  in
subdivision  b of this section. Upon restoration to membership following
completion of such year of service, his or  her  service  in  such  year
shall be deemed to be service while a member for purposes of subdivision
b of section three hundred sixty of this chapter. He or she may purchase
member service credit for such year, which shall be deemed earned member
service  credit.  This paragraph shall not be construed to authorize the
return to public service of any person who  is  otherwise  not  eligible
therefor on account of having reached age seventy.
If  a  retired  member receiving a retirement allowance for other than
physical disability, returns to  active  public  service,  and  is  then
ineligible  for membership in the police and fire retirement system, his
or her retirement allowance shall be suspended in  the  same  manner  as
provided in subdivision b of this section.
b. Temporary service.
1.  The  payment  of  any retirement allowance, or any benefit in lieu
thereof, on account of retirement for  other  than  physical  disability
shall  be  suspended  as  provided  herein,  during  the  time  that the
beneficiary thereof is in receipt of other compensation paid from direct
or indirect state or municipal taxes:
(a)  For  temporary  government or temporary public service other than
jury duty, or
(b) For service pursuant to subdivision c of this  section  where  the
retired  member  continues  as  a  beneficiary  of  the  police and fire
retirement system.
2. In the case of a retirement allowance, without option,  the  amount
of        the        pension        portion,        including        the
pension-providing-for-increased-take-home-pay, suspended for any  period
shall  be  equal  to  the amount of such other compensation for the same
period.
3. In the case where an optional  benefit  in  lieu  of  a  retirement
allowance  without  option shall have been selected, the pension portion
thereof,  including  the   pension-providing-for-increase-take-home-pay,
shall  be suspended in such manner as the comptroller shall approve. The
amount so suspended shall be equal to the actuarial  equivalent  of  the
amount  by  which  the  pension  portion  of  the  retirement allowance,
including the pension-providing-for-increased-take-home-pay, as it would
be without option, would be suspended pursuant to paragraph two of  this
subdivision b. The retired member, however, may pay to the fund or funds
from  which  the  pension portion of his retirement allowance, including
the  pension-providing-for-increased-take-home-pay,   is   payable   the
difference  between  the  suspended portion thereof, without option, and
the suspended portion of the optional pension portion of the  retirement
allowance,  including the pension-providing-for-increased-take-home-pay,
granted to him. In such event any payments to his beneficiary  shall  be
made as if no suspension occurred.
4.  In  the  case of a member whose compensation for public service is
equal to or greater than his final salary as defined herein, the annuity
portion of his retirement allowance shall be suspended during the period
that he is receiving such compensation. In the case of  a  member  whose
compensation for public service is less than his final salary as defined
herein  and  who  has  retired  without  option, he shall be entitled to
receive that portion of his annuity computed without option which,  when
added  to  his  compensation  for  public  service,  does not exceed the
aforesaid final salary. Where an optional benefit has been  selected  in
lieu of a retirement allowance without option, the amount of the annuity
suspended  shall  be  the  actuarial equivalent of the amount that would
have been suspended if the retirement allowance had been without option.
In such a case the retired member may pay to the  fund  or  funds,  from
which  the  annuity  portion of his retirement allowance is payable, the
difference between  that  portion  of  the  annuity  which  is  actually
suspended,  in accordance with the provisions of this paragraph, and the
corresponding portion of the annuity without option.
In such even any payments to his beneficiary shall be made  as  if  no
suspension occurred. The term "final salary", as used in this paragraph,
shall  mean  the maximum salary or compensation which the retired member
currently would be receiving in the position from which he last retired,
if he had not so retired. If the position from which he was  so  retired
has  been  abolished  the  comptroller,  upon  the  basis  of  salary or
compensation currently paid in similar or  comparable  positions,  shall
determine the maximum amount of salary or compensation which the retired
member currently would be receiving in the abolished position.
The   provisions   of   this   subdivision   c  shall  be  controlling
notwithstanding any other provision of this chapter.
c.  Election  or  appointment  of  retired  members  to certain public
offices.
1. A retired member, unless otherwise disqualified, shall be  eligible
to:
(a) Election to a state office, or
(b) Appointment to fill a vacancy in an elective state office.
2.  In  the  event  a  retired  member is so elected, except a retired
member so elected and who is receiving less than ten thousand dollars in
retirement allowance or benefit payments in any one year,  or  appointed
or so qualifies, he may:
(a)  Upon  written  notice to the comptroller, receive from the police
and fire retirement system the then present value of the annuity  earned
by  his or her accumulated contributions, and upon receipt thereof cease
to be a beneficiary of the police and fire retirement system, or
(b) Continue as a  beneficiary  of  the  police  and  fire  retirement
system,  but with payments of any retirement allowance or any benefit in
lieu  thereof,  on  account  of  retirement  for  other  than   physical
disability,  suspended  during  the  time  he  or  she  is in receipt of
compensation for state or  public  service.  Such  suspension  shall  be
governed  by  the  provisions  of  paragraphs  two,  three  and  four of
subdivision b of this section.
3. The provisions of subdivision one of section one hundred  fifty  of
the  civil  service  law  shall  govern  with respect to state and local
elective public officers.
d. Privilege of  certain  retired  members,  retired  for  other  than
physical disability, to undertake public employment.
1.  Notwithstanding  any inconsistent provisions of this section or of
section one hundred fifty of the civil service  law  the  provisions  of
this  section  shall  be  suspended  to the extent necessary to permit a
retired member to continue as such and to earn not  to  exceed  eighteen
hundred  dollars  per calendar year as compensation in any position of a
temporary, seasonal or occasional nature in government service or public
service, provided he duly executes and  files  with  the  comptroller  a
statement  that  he  elects to have the provisions of this subdivision f
apply to him, and:
(a) His retirement allowance, computed without optional  modification,
does not exceed thirty-five hundred dollars per year, or
(b)  His retirement allowance, computed without optional modification,
exceeds thirty-five hundred dollars per year and he annually waives that
portion which is in  excess  of  thirty-five  hundred  dollars  by  duly
executing  and  filing  with  the  comptroller a waiver of the aforesaid
excess portion. The waiver shall be irrevocable during the calendar year
in which it is filed.
A statement of election executed and filed pursuant to this  subdivision
f  may  be  withdrawn  by  a  retired  member at any time by a statement
similarly executed and filed.
2. The privilege granted by this subdivision f, to retired members  to
continue  as  such and to earn compensation in positions of a temporary,
seasonal or occasional nature in government service  or  public  service
shall remain in full force and effect until July first, nineteen hundred
sixty-five.