reglab/statecodes huggingface dataset:
2023 New York Laws › RSS - Retirement and Social Security › Article 2 - New York State Employees' Retirement System › Title 12 - Miscellaneous Provisions; Saving and Construction Clauses › 113 - Creation or Modification of Local Retirement Systems Prohibited.

§   113.   Creation   or  modification  of  local  retirement  systems
  prohibited.  a. No municipality, after April twelfth,  nineteen  hundred
  twenty-two,  shall  create  any  retirement  system  for its officers or
  employees.
b. Notwithstanding any inconsistent provisions of any general, special
  or local law, ordinance or city  or  village  charter,  no  municipality
  shall  have power to add, change, modify, supersede, amend or repeal any
  provision relating to contributions payable to or  pensions,  annuities,
  or  other  benefits  payable by any pension or retirement system or fund
  administered by such municipality or an agency thereof for  the  benefit
  of officers or employees of such municipality, except as provided herein
  or  in  article  four or article six of this chapter. Any such provision
  for the payment of a pension or retirement allowance of a fixed  amount,
  expressed  in  dollars,  may  be  amended by the municipality to provide
  future retirees with a pension or retirement allowance  in  terms  of  a
  percentage,  not  to  exceed fifty per cent, of the annual salary before
  retirement of the officer or employee.
c. The provisions of subdivision b of this section shall not prevent a
  municipality having the power to adopt local laws to  provide  by  local
  law,  or  a  municipality  not  having  the power to adopt local laws to
  provide by ordinance  or  resolution,  for  increased-take-home-pay  for
  members  of a pension or retirement system or fund administered by it or
  by any agency thereof. Such local  law,  ordinance,  or  resolution  may
  provide   a   plan   for  increased-take-home-pay  which  shall  not  be
  inconsistent with the provisions, limitations, restrictions and  payroll
  periods of the plans for increased-take-home-pay provided by chapters of
  the  laws  of  nineteen  hundred  sixty,  entitled  "An act to amend the
  retirement and social security law,  in  relation  to  the  addition  of
  pensions   providing-for-increased-take-home-pay,  death  benefits,  and
  reopening of a plan for retirement at age fifty-five", "An act to  amend
  the  retirement  and social security law, in relation to authorizing the
  provision of  added  pensions-providing-for-increased-take-home-pay  and
  death  benefits for officers and employees of participating employers in
  the New York state employees' retirement system", "An act to  amend  the
  mental  hygiene law, in relation to reducing contributions of members of
  the New York state hospital system and providing added death  benefits,"
  and any acts amendatory thereof.
2023 New York Laws › RSS - Retirement and Social Security › Article 2 - New York State Employees' Retirement System › Title 12 - Miscellaneous Provisions; Saving and Construction Clauses › 113-A - Suspension of State and Local Provisions Requiring Termination of Service or Retirement on Account of Age.

§   113-a.   Suspension   of  state  and  local  provisions  requiring
  termination of service or retirement on account of age.  In the case  of
  persons  who  have  not attained eligibility for the payment of benefits
  under the federal old-age and survivors insurance law, the provisions of
  any general, special or local law, city or village  charter,  ordinance,
  resolution,  rule or regulation relating to employment by the state or a
  municipality or to membership in any public pension or retirement system
  maintained by any of them which require or authorize the termination  of
  service  or  retirement  of  any  public  employee or member of any such
  system, without his application or consent, on account of his  attaining
  age  of compulsory retirement, are hereby suspended so that terminations
  of service or retirements thereunder  may  not  be  required  to  become
  effective  until  such eligibility for the payment of benefits under the
  federal old-age and survivors insurance law has been attained or  before
  June  thirtieth,  nineteen hundred fifty-nine or, in the case of members
  of  the  New  York  city  teachers'  retirement  system,  before  August
  thirty-first, nineteen hundred fifty-nine, whichever shall first occur.
This section shall not apply to any officer appointed for a fixed term
  or  serving  at  the  pleasure of an appointing officer or body provided
  however, that the appointing officer or body, for the  purposes  of  and
  within  the  limitations of this section, shall have power to extend the
  service of any such officer for any period ending not  later  than  June
  thirtieth,  nineteen hundred fifty-nine, which extension shall be at the
  pleasure of the officer or body having the power  of  appointment.  This
  section  shall not apply to any person serving in an elective office nor
  to officers or employees of instrumentalities jointly  created  by  this
  state and any other state or states.
2023 New York Laws › RSS - Retirement and Social Security › Article 2 - New York State Employees' Retirement System › Title 12 - Miscellaneous Provisions; Saving and Construction Clauses › 114 - Retirement of Certain State Employees.

§  114.  Retirement  of certain state employees.  All state employees,
  except teachers in the state college for teachers and the  state  normal
  schools and teachers in the state agricultural and industrial school who
  shall  be  considered  as  teachers subject to the provisions of article
  eleven of the education law, and, except such  state  employees  as  are
  otherwise provided for by the mental hygiene law and the correction law,
  who  were  included  under  the  provisions  of chapter four hundred and
  forty-one of the laws of nineteen hundred ten; chapter one  hundred  and
  eighty-five  of  the  laws  of  nineteen  hundred thirteen; chapter five
  hundred and eleven and section sixteen  of  chapter  three  hundred  and
  sixty-nine  of  the  laws  of  nineteen  hundred fourteen; chapters five
  hundred and fifty-seven and six hundred and  fourteen  of  the  laws  of
  nineteen hundred fifteen; chapter two hundred and twenty-one of the laws
  of  nineteen  hundred nineteen; chapter seven hundred and ninety-four of
  the laws of nineteen hundred twenty, who elected to  become  members  of
  the  New  York  state  employees' retirement system on or before January
  first, nineteen hundred twenty-two, shall continue to be members of such
  system and shall be subject to all the provisions  of  law  relative  to
  such system with the exception that they shall be entitled to credit for
  prior  service  as  defined  by  section  two of this chapter, including
  service as a grand jury stenographer, up to and  including  July  first,
  nineteen  hundred twenty-one. All teachers of the state agricultural and
  industrial school who were entitled  to  retirement  under  section  ten
  hundred  and  ninety-five of the education law, as added by chapter four
  hundred and forty-one of the laws of  nineteen  hundred  ten,  who  have
  become  or  hereafter  become  members of the state teachers' retirement
  system, shall be entitled to credit for the same service upon retirement
  under the laws relating to such system, as they would have been entitled
  to receive  under  the  provisions  of  said  section  ten  hundred  and
  ninety-five of the education law.
2023 New York Laws › RSS - Retirement and Social Security › Article 2 - New York State Employees' Retirement System › Title 12 - Miscellaneous Provisions; Saving and Construction Clauses › 115 - Teachers Employed in Institutions for the Deaf, Mute and Blind.

§ 115. Teachers employed in institutions for the deaf, mute and blind.
  Notwithstanding the provisions of sections six and seven of chapter five
  hundred  and sixty-eight of the laws of nineteen hundred twenty-one, the
  provisions of chapter four hundred and forty-one of the laws of nineteen
  hundred ten and of chapter six hundred  and  fourteen  of  the  laws  of
  nineteen  hundred  fifteen,  so  far  as  the  same  shall relate to the
  retirement of teachers employed in institutions for the  deaf  and  mute
  and  the blind, receiving state pupils whose instruction and support are
  paid for by  the  state,  the  procedure  for  the  retirement  of  such
  teachers,  the amount of allowances to be paid to them on retirement and
  the time and manner of payment of such  allowances,  shall  continue  in
  full  force and effect until such teachers are transferred to some other
  retirement system and provision is made for  their  retirement  and  the
  payment of allowances to them.
2023 New York Laws › RSS - Retirement and Social Security › Article 2 - New York State Employees' Retirement System › Title 12 - Miscellaneous Provisions; Saving and Construction Clauses › 116 - Certain Pensions Continued.

§  116.  Certain  pensions continued.   The pensions of all pensioners
  drawing pensions under the provisions of any  law  repealed  by  chapter
  five hundred and sixty-eight of the laws of nineteen hundred twenty-one,
  on  June  thirtieth of the year in which such law was repealed, shall be
  continued and paid out of any funds accumulated under such law  and  not
  returned  to employees.  The amount required in addition to continue the
  pensions of such pensioners shall be paid by the state of  New  York  by
  annual appropriations made therefor from the general fund.
2023 New York Laws › RSS - Retirement and Social Security › Article 2 - New York State Employees' Retirement System › Title 12 - Miscellaneous Provisions; Saving and Construction Clauses › 117 - Legislative Intent.

§  117.  Legislative  intent.  In  so far as this article, as added by
  chapter  eight  hundred  forty-one  of  the  laws  of  nineteen  hundred
  forty-seven,  as  amended  by  chapter five hundred three of the laws of
  nineteen  hundred  forty-eight,  as  amended  by  chapter  six   hundred
  forty-eight of the laws of nineteen hundred forty-nine, or as amended by
  this  act relates to rights to membership in or to rights or benefits of
  members of the retirement system, it is the intent of the legislature to
  codify the provisions of former articles four  and  five  of  the  civil
  service  law  which  relate thereto and which were in effect immediately
  prior thereto. No diminution or impairment,  within  the  provisions  of
  article  five,  section seven of the state constitution, and no increase
  of such rights or benefits is intended to be effectuated by this article
  as so added or amended. If, in codifying the provisions of  such  former
  articles four and five, this article as so added or amended:
1. Omits any provision of such articles which is not obsolete, has not
  expired,  or  has  not  been  superseded  or  specifically  or impliedly
  repealed, or
2.  Incorporates  any  provision  of  such  articles  which  has  been
  superseded or specifically or impliedly repealed, or
3. Incorporates any new provision which is not, in effect, a revision,
  consolidation, codification, continuance or restatement of provisions of
  such articles or of other applicable provisions of law,
  relative  to rights to membership in or to rights or benefits of members
  of the retirement system, such omission or incorporation shall be deemed
  an inadvertence or error. The right to rectify any such inadvertence  or
  error at any time is hereby reserved.
2023 New York Laws › RSS - Retirement and Social Security › Article 2 - New York State Employees' Retirement System › Title 12 - Miscellaneous Provisions; Saving and Construction Clauses › 118 - References in Laws and Documents.

§  118.  References  in laws and documents.  Reference in any general,
  special or local law, rule, regulation or public document to an existing
  article, section, subdivision or other  provision  of  article  four  or
  article  five of the civil service law, as in force immediately prior to
  July first,  nineteen  hundred  forty-eight,  or  July  first,  nineteen
  hundred  fifty-six,  shall  be  deemed  and  construed  to  refer to the
  corresponding section, subdivision or other provision of  this  article,
  as  added  by  chapter  eight  hundred forty-one of the laws of nineteen
  hundred forty-seven,  or  as  amended  or  supplemented  thereafter,  or
  amended by this act, as the case may be.
2023 New York Laws › RSS - Retirement and Social Security › Article 2 - New York State Employees' Retirement System › Title 12 - Miscellaneous Provisions; Saving and Construction Clauses › 119 - Separability Clause.

§  119.  Separability  clause.    If  any clause, sentence, paragraph,
  section or part of this article, as originally added  by  chapter  eight
  hundred  forty-one  of  the  laws of nineteen hundred forty-seven, or as
  amended or supplemented heretofore or hereafter, shall  be  adjudged  by
  any  court of competent jurisdiction, to be invalid or unconstitutional,
  such judgment shall not  affect,  impair  or  invalidate  the  remainder
  thereof, but shall be confined in its operation to the clause, sentence,
  paragraph,  section or part thereof directly involved in the controversy
  in which such judgment shall have been rendered.
2023 New York Laws › RSS - Retirement and Social Security › Article 3 - Federal Old-Age and Survivors Insurance Coverage for Certain Public Employees › 130-A - Declaration of Policy.

§  130-a.  Declaration  of policy.   The legislature hereby determines
  that (1) employees of the state and its  political  subdivisions,  their
  survivors  and dependents, are entitled to the basic protection provided
  by  the  federal  old-age  and  survivors  insurance  system,  (2)  such
  protection  should be provided to as many of such employees as possible,
  regardless of whether they are or are not members of public  pension  or
  retirement   systems   maintained   by   the   state  or  its  political
  subdivisions, with the option to those who are presently  members  of  a
  retirement  system  to have or not to have such additional protection as
  they so desire, (3) such extension of old-age  and  survivors  insurance
  coverage to public employees in this state is consistent with principles
  of  sound  employer-employee  relations,  (4) provision of such coverage
  will provide not only basic security  to  present  employees  and  their
  dependents,  but  also  will  serve  to attract competent persons to the
  employ of the state and  its  political  subdivisions  who  now  may  be
  discouraged  from  accepting  such employment by reason of the fact that
  their old-age and survivors insurance coverage obtained through  private
  or  self  employment  would  not  be  continued,  and (5) the protection
  afforded to employees in positions covered by any retirement  system  in
  the  state  on  the  date  old-age  and  survivors insurance coverage is
  extended to their positions will not be impaired as the result  of  such
  extension  of  coverage  or  as  the  result of legislative enactment in
  anticipation thereof.
2023 New York Laws › RSS - Retirement and Social Security › Article 3 - Federal Old-Age and Survivors Insurance Coverage for Certain Public Employees › 132 - New York State Social Security Agency Established.

§  132.  New  York state social security agency established.  There is
  hereby established in the state retirement system an agency of the state
  to be known as the "New York state social security agency." The director
  shall have charge of such agency.
2023 New York Laws › RSS - Retirement and Social Security › Article 3 - Federal Old-Age and Survivors Insurance Coverage for Certain Public Employees › 134 - Contributions by State Employees.

§  134.  Contributions  by state employees.   1. Every employee of the
  state, whose services are covered by  the  agreement  with  the  federal
  secretary  entered  into pursuant to section one hundred thirty-three of
  this chapter, shall be required to pay into the  contribution  fund  for
  the  period of such coverage contributions, with respect to wages, equal
  to the tax which would be imposed by section thirty-one hundred  one  of
  the  federal  insurance  contributions act, if such services constituted
  employment within the meaning of that act.
2. The comptroller or other appropriate  officer  or  body  is  hereby
  authorized  and  directed  to  deduct and collect from the wages paid to
  each employee of the state, as and when paid, the  contribution  imposed
  by this section. Amounts so deducted and collected shall be deposited in
  and credited to the contribution fund. Failure to deduct and collect any
  such   contribution  shall  not  relieve  the  employee  from  liability
  therefor.
3. If the correct amount of the contribution imposed by  this  section
  is  not  paid  or  deducted  and  collected  with  respect  to any wages
  received, proper adjustments, or refund without interest  if  adjustment
  is impracticable, shall be made, in such manner and at such times as may
  be prescribed in the regulations of the director.
2023 New York Laws › RSS - Retirement and Social Security › Article 3 - Federal Old-Age and Survivors Insurance Coverage for Certain Public Employees › 135 - Contributions by the State.

§  135.  Contributions  by  the  state.   1. On the certificate of the
  comptroller, or his designee, and after audit by and upon the warrant of
  the comptroller, there shall be paid into  the  contribution  fund  from
  time  to  time  from  moneys  appropriated  therefor, contributions with
  respect to wages of employees of the state covered under  the  agreement
  with  the federal secretary entered into pursuant to section one hundred
  thirty-three of this chapter equal to the amount of the tax which  would
  be imposed by section thirty-one hundred eleven of the federal insurance
  contributions act, if the services covered by such agreement constituted
  employment within the meaning of that act.
2.  There shall be included in the budget estimate of the state agency
  furnished to the division of  the  budget  an  estimate  of  the  amount
  necessary to be appropriated for the ensuing fiscal year of the state to
  meet  payments to the contribution fund required during such fiscal year
  pursuant to subdivision one of this section.
2023 New York Laws › RSS - Retirement and Social Security › Article 3 - Federal Old-Age and Survivors Insurance Coverage for Certain Public Employees › 137 - Termination of Agreements With Political Subdivisions.

§ 137. Termination of agreements with political subdivisions.  1. Upon
  the  failure  of  any political subdivision to comply substantially with
  any provision  of  its  agreement  or  any  modification  thereof,  this
  article,  or  the  regulations  of  the  director, such agreement may be
  terminated by the  director,  consistent  with  the  provisions  of  the
  federal  social  security  act.  No  such termination, except where such
  termination has been made by the federal secretary, shall be made by the
  director until after a public hearing upon not  less  than  sixty  days'
  written notice to the political subdivision.
2.  Any political subdivision, upon giving such advance written notice
  as shall be required in its agreement, may terminate the agreement,  but
  such  termination  shall take effect only after the agreement shall have
  been in effect for a period of at least seven  years  and  after  notice
  shall have been given to the federal secretary.
3.  If  any  agreement is terminated, either by the director or by the
  political subdivision, such political subdivision may not  again  submit
  an agreement pursuant to this article.
2023 New York Laws › RSS - Retirement and Social Security › Article 3 - Federal Old-Age and Survivors Insurance Coverage for Certain Public Employees › 138 - Contributions by Political Subdivisions and Employees Thereof.

§  138. Contributions by political subdivisions and employees thereof.
  1. Each political subdivision, the agreement of which has been approved,
  is hereby authorized and directed to pay into the contribution  fund  at
  such  time  or  times  as the director may prescribe in his regulations,
  contributions with respect to wages of its employees covered  thereunder
  equal  to  the  amount  of  the taxes which would be imposed by sections
  thirty-one hundred one and thirty-one  hundred  eleven  of  the  federal
  insurance  contributions  act,  if the services covered by the agreement
  constituted employment within the meaning of that act.
2. Each  political  subdivision,  the  agreement  of  which  has  been
  approved,  is  hereby authorized and directed to deduct and collect from
  the wages paid to each employee covered by its  agreement  contributions
  equal  to  the  amount  of  the  tax  which  would be imposed by section
  thirty-one hundred one of the federal insurance  contributions  act,  if
  the  services covered by the agreement constituted employment within the
  meaning of that act. Contributions so deducted and  collected  shall  be
  held  in  trust  for  payment to the contributions fund by the political
  subdivision as required by subdivision one of this section.  Failure  to
  collect  or  deduct  such  contributions shall not relieve the political
  subdivisions or the employee of liability therefor.
3.  If  the  correct  amount  shall  not  have  been  paid  into   the
  contribution  fund  by any political subdivision, proper adjustments, or
  refund without interest if the director shall determine that  adjustment
  is impractical, shall be made.
4. If the correct amount shall not have been deducted and collected by
  a  political  subdivision from the wages of an employee pursuant to this
  article, proper adjustments, or refund without interest if adjustment is
  determined  to  be  impractical,  shall  be  made  by   such   political
  subdivision,  in  such  manner and at such times as may be prescribed in
  the regulations of the director.
2023 New York Laws › RSS - Retirement and Social Security › Article 3 - Federal Old-Age and Survivors Insurance Coverage for Certain Public Employees › 138-B - Use of Annuity Contributions to Pay Old-Age and Survivors Insurance Contributions.

§  138-b.  Use  of  annuity contributions to pay old-age and survivors
  insurance contributions.  1. Where a retirement system or plan  provides
  retirement  allowances  consisting  of  separate  pensions  and separate
  annuities, each member thereof whose position is also covered by old-age
  and survivors insurance pursuant to this article and each member thereof
  whose wages in a position entitling him to membership in such retirement
  system or plan are subject to the tax imposed by the  federal  insurance
  contribution  act  shall  have the privilege, by written notice filed as
  prescribed by the head of such system or plan, of decreasing his annuity
  contribution to the system or plan by not to exceed the amounts required
  to pay his  contributions  for  such  old-age  and  survivors  insurance
  coverage  or  by  not  to exceed the amounts required to pay the tax, if
  any, imposed upon him pursuant to  the  federal  insurance  contribution
  act, including, in each case, retroactive coverage where it is provided.
  Where   and  during  such  period  of  time  that  a  member's  rate  of
  contribution  is  reduced  because  his  employer   contributes   toward
  pensions-providing-for-increased-take-home-pay   pursuant   to   section
  seventy-a of this chapter or a similar provision of law,  the  privilege
  provided  by  this  section  shall  be  available  only to the extent of
  annuity contributions which the member is still required to make to  the
  retirement system or plan.
2.  No  pension  otherwise payable by such a retirement system or plan
  shall  be  increased  by  reason  of  any  such  reduction  in   annuity
  contributions.
3.  The head of each such system or plan shall have power, by rule and
  regulation,  to  prescribe  terms  and  conditions  for  the   exercise,
  withdrawal and re-exercise of such privilege. Such rules and regulations
  shall  be  in  the  best  interests  of  such  system or plan and of the
  affected employees and for the protection of the efficient operation and
  management of the system or plan.
2023 New York Laws › RSS - Retirement and Social Security › Article 3 - Federal Old-Age and Survivors Insurance Coverage for Certain Public Employees › 139 - Costs of Administration.

§ 139. Costs of administration.  1. On and after April first, nineteen
  hundred  fifty-five,  the state and each political subdivision extending
  old-age  and  survivors  insurance  coverage  to  its  employees   shall
  contribute  to  the  annual cost of administering the provisions of this
  article. The director, during  the  month  of  March,  nineteen  hundred
  fifty-six, and at the close of each fiscal year of the state thereafter,
  shall determine the pro rata share of such annual cost to be contributed
  by  the  state  and  by  each political subdivision. Such share shall be
  determined on the basis of the ratio which contributions required to  be
  made   to   the  contribution  fund  by  the  state  or  such  political
  subdivision,  as  the  case  may  be,  bear  to  the  total  amount   of
  contributions required to be made to such fund during such fiscal year.
2.  The  director shall thereupon submit to the fiscal officer of each
  political subdivision a statement of the amount to be contributed by  it
  pursuant  to  this  section.  Payment  of  the  amount specified in such
  statement shall be made by each political subdivision within sixty  days
  after the receipt thereof.
3.  There shall be included in the budget estimate of the state agency
  furnished to the division of  the  budget  an  estimate  of  the  amount
  necessary   to   meet  the  state's  pro  rata  share  of  the  cost  of
  administering the provisions of this article during the  current  fiscal
  year.
4.  Amounts  received  from  political  subdivisions  pursuant to this
  section and amounts appropriated by the legislature to meet the  state's
  pro  rata share of the costs of administering this article shall be used
  to reimburse the state  purposes  fund  in  the  general  fund  for  any
  advances  made  from  such  fund  for  the  purpose of administering the
  provisions of this article.
2023 New York Laws › RSS - Retirement and Social Security › Article 3 - Federal Old-Age and Survivors Insurance Coverage for Certain Public Employees › 140 - Recovery of Delinquent Payments.

§  140.  Recovery  of delinquent payments.  Amounts due from political
  subdivisions under sections one hundred  thirty-eight  and  one  hundred
  thirty-nine  of  this  chapter and which are unpaid after the final date
  for their payment, may, at the request of the director and after written
  notice to  the  fiscal  officer  of  the  political  subdivision  liable
  therefor,  be  deducted,  with  interest, from any moneys payable by the
  state to such political subdivision, or such delinquent payments may  be
  recovered,  with  interest,  by an action as upon contract in a court of
  competent jurisdiction against such political subdivision. If the amount
  due  from  the  political  subdivision,  with   interest   thereon,   is
  unascertainable  because  of the failure of such subdivision to file one
  or more reports, any  or  all  moneys  payable  by  the  state  to  such
  subdivision  may  be withheld until such report or reports are filed and
  the amount due,  with  interest,  is  paid  directly  by  the  political
  subdivision  or  as  provided  above.  In  the case of amounts due under
  sections one  hundred  thirty-four,  one  hundred  thirty-five  and  one
  hundred thirty-eight of this chapter, such interest shall be computed at
  the rate established by the Federal Social Security Act. Such rate shall
  be  applied  on  a  per-diem  basis based on the number of days from the
  final due date established  for  such  payment  by  the  Federal  Social
  Security  Act through and inclusive of the date such payment is credited
  to the account of the Secretary of the Treasury of the United States. In
  the case of amounts due under section one hundred  thirty-nine  of  this
  chapter,  interest  shall be computed from the first day after the final
  date for payment at the rate of four per centum per annum.
2023 New York Laws › RSS - Retirement and Social Security › Article 3 - Federal Old-Age and Survivors Insurance Coverage for Certain Public Employees › 143 - Restriction on Use of Retirement or Pension Funds.

§  143.  Restriction on use of retirement or pension funds.  No moneys
  belonging to any public administered and operated retirement or  pension
  system or plan shall be appropriated or used for any purpose, or for any
  payment, authorized or required by this article.
2023 New York Laws › RSS - Retirement and Social Security › Article 3 - Federal Old-Age and Survivors Insurance Coverage for Certain Public Employees › 145 - Limitations on Obligations.

§  145.  Limitations on obligations.   Old-age and survivors insurance
  coverage  provided  pursuant  to  this  article  shall  not   constitute
  membership  in  a  pension  or  retirement  system  of the state or of a
  political  subdivision  thereof,  nor  shall  such  coverage  create   a
  contractual  relationship  between  the state or a political subdivision
  thereof, and any employee.
2023 New York Laws › RSS - Retirement and Social Security › Article 3 - Federal Old-Age and Survivors Insurance Coverage for Certain Public Employees › 146 - References in Laws and Documents.

§  146.  References  in laws and documents.  Reference in any general,
  special or local law, rule, regulation or public document to an existing
  section, subdivision or other provision of  article  six  of  the  civil
  service  law,  as  in  force  immediately  prior to July first, nineteen
  hundred fifty-six, shall  be  deemed  and  construed  to  refer  to  the
  corresponding section, subdivision or other provision of this article as
  amended by this act, or as amended or supplemented thereafter.
2023 New York Laws › RSS - Retirement and Social Security › Article 3 - Federal Old-Age and Survivors Insurance Coverage for Certain Public Employees › 147 - Separability Clause.

§  147.  Separability  clause.    If  any clause, sentence, paragraph,
  subdivision, section or part of this article shall be  adjudged  by  any
  court  of  competent jurisdiction to be invalid, such judgment shall not
  affect, impair  or  invalidate  the  remainder  thereof,  but  shall  be
  confined   in   its   operation  to  the  clause,  sentence,  paragraph,
  subdivision, section or part of this article directly  involved  in  the
  controversy in which such judgment shall have been rendered.
2023 New York Laws › RSS - Retirement and Social Security › Article 3-A - Reporting and Disclosure › 152 - Definitions.

§  152.  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:
1. "Beneficiary" shall mean a person who is receiving a benefit from a
  public  retirement system of the state or who has met all the conditions
  precedent for the actual receipt of a benefit from a  public  retirement
  system  of the state, and the monies are due and owing to such person by
  the public retirement system of the state.
2. "Retired member" shall mean a person who is retired from and who is
  receiving a retirement allowance from a public retirement system of  the
  state.
3. "Member" shall mean a member of any public retirement system of the
  state.
4.  "Head  of the retirement system" shall mean the state comptroller,
  with respect to the New  York  state  and  local  employees'  retirement
  system  and  the  New  York  state  and local police and fire retirement
  system, and the retirement board of the other public retirement  systems
  of the state.
5.  "Public  employee  pension  plan"  shall  mean  any plan, fund, or
  program which was heretofore or is hereafter established or  maintained,
  in  whole  or  in  part,  by a public employer of the state, as the term
  public employer is defined in article fourteen of the civil service law,
  and administered by a public  retirement  system  of  the  state,  which
  provides retirement income to employees or their beneficiaries.
6.  "Public  retirement  system  of the state" shall mean the New York
  state and local employees' retirement system, New York state  and  local
  police  and  fire retirement system, New York state teachers' retirement
  system, New York  city  employees'  retirement  system,  New  York  city
  teachers' retirement system, New York city police pension fund, New York
  city  fire  department  pension  fund  and  the  New  York city board of
  education retirement system.
7. "Total accumulated plan benefits" shall mean an  interest  obtained
  by  a member in that part of a public employee pension plan which arises
  from the member's continued service  for  a  public  employer  based  on
  service to date.
8.  "Vested  pension  benefit"  shall  mean  an interest obtained by a
  member in that part of a public employee pension plan which arises  from
  the member's continued service for a public employer and which would not
  be  forfeited  under  the terms and provisions of the plan if the member
  were to terminate employment.
2023 New York Laws › RSS - Retirement and Social Security › Article 3-A - Reporting and Disclosure › 154 - Reporting of Member's Benefit Rights.

§  154.  Reporting  of  member's  benefit  rights.  1. The head of the
retirement system shall furnish annually to  any  member  of  a  plan  a
statement indicating, on the basis of currently available information:
(a) the total accumulated plan benefits or the amount payable;
(b) the extent to which benefits are vested pension benefits;
(c) the contributions made by the member, plus interest, if any; and
(d)  the  name  of  the  person designated by such member to receive a
benefit upon the member's death.
2. The head of  the  retirement  system  shall,  in  a  manner  to  be
determined  by the head of such retirement system, furnish to any member
or beneficiary who requests the withdrawal of contributions made by  the
member, the payment of any benefit from the plan, or, in accordance with
the provisions of the plan, an election as to the form of benefits to be
made under the provisions of the plan (including an election of options,
as  the  term  options  is  defined  in  the relevant provisions of this
chapter, the education law, or the administrative code of  the  city  of
New  York),  a  written  explanation  of  the effect of such withdrawal,
payment, or election on the plan benefits of the member or  beneficiary.
Such  explanation shall include a description of the various alternative
forms of benefit payments, if any, which the participant may elect, and,
to the  extent  practicable,  shall  be  furnished  to  such  member  or
beneficiary  at  least  thirty  days prior to the effective date of such
withdrawal, payment, or election.
2023 New York Laws › RSS - Retirement and Social Security › Article 3-A - Reporting and Disclosure › 155 - Limitations.

§  155.  Limitations.    Nothing  contained  in this article requiring
  reporting and disclosure shall be construed to create,  revive,  extend,
  or  otherwise  affect  the entitlement of a member, retired member, or a
  beneficiary to any retirement benefit.
2023 New York Laws › RSS - Retirement and Social Security › Article 3-B - Pension Forfeiture for Public Officials › 158 - Pension Contributions Returned.

§  158.  Pension  contributions returned. 1. Any public official whose
  pension is reduced or revoked pursuant to this article shall be entitled
  to a return of his or her contribution paid into the relevant retirement
  system, without interest.
2. Notwithstanding the provisions of subdivision one of this  section,
  no  payments  in return of contributions shall be made or ordered unless
  and until the supreme court determines that the  public  official  whose
  pension  has been reduced or revoked has satisfied in full any judgments
  or orders rendered by  any  court  of  competent  jurisdiction  for  the
  payment  of  restitution  to  the  state  or  a  municipality for losses
  incurred as a result of such crime related  to  public  office.  If  the
  supreme  court  determines that such public official whose pension is to
  be reduced or revoked has failed to satisfy any outstanding judgment  or
  order  of  restitution rendered by a court of competent jurisdiction, it
  may order that any funds otherwise due to  such  public  official  as  a
  return  of contribution, or any portion thereof, be paid in satisfaction
  of such judgment or order.
2023 New York Laws › RSS - Retirement and Social Security › Article 3-B - Pension Forfeiture for Public Officials › 159 - Miscellaneous.

§  159.  Miscellaneous.  The remedies provided for in this article are
  not intended to substitute for, limit or supersede the lawful  authority
  of any public officer, agency or other person to enforce any other right
  or remedy provided for by law.
2023 New York Laws › RSS - Retirement and Social Security › Article 4 - Supplemental Pension Act › 164 - Payment of Supplemental Pensions.

§ 164. Payment of supplemental pensions.  On or before the last day of
  each month, there shall be paid to each state retired employee and state
  retired  teacher,  from  the  supplemental  pension  fund,  the  monthly
  supplemental pension payment to which  he  may  be  entitled  under  the
  provisions of this article.
2023 New York Laws › RSS - Retirement and Social Security › Article 4 - Supplemental Pension Act › 165 - Rules and Regulations.

§  165.  Rules and regulations.   The comptroller shall prescribe such
  rules  and  regulations  as  may   be   required   for   the   effective
  administration   of   the   provisions   of  this  article  relating  to
  supplemental pension  payments  to  state  retired  teachers  and  state
  retired employees.
2023 New York Laws › RSS - Retirement and Social Security › Article 4 - Supplemental Pension Act › 166 - Information to Be Furnished to Comptroller.

§  166.  Information  to be furnished to comptroller.  The comptroller
  shall have authority to require any department or agency of the state to
  furnish him with such records, information and data as he  may  need  to
  carry out the provisions of this article.
2023 New York Laws › RSS - Retirement and Social Security › Article 4 - Supplemental Pension Act › 167 - Supplemental Pension Fund.

§  167.  Supplemental pension fund.   1. There is hereby established a
  special fund to be known as the supplemental  pension  fund.  Such  fund
  shall  consist  of  such  moneys  as  may be appropriated thereto by the
  legislature, and all other moneys received for such fund from any  other
  source pursuant to law.
2.   Subject   to  the  provisions  of  the  state  finance  law,  the
  supplemental pension fund shall be under the jurisdiction and control of
  the comptroller, who shall be the custodian thereof.  The fund shall  be
  held  separate and apart from any other funds or moneys of the state and
  shall be used exclusively for the purpose of making supplemental pension
  payments to state retired employees  and  state  retired  teachers.  The
  comptroller  shall  have power to invest and keep invested moneys in the
  fund in accordance with the provisions of section  ninety-eight  of  the
  state finance law. Moneys of the fund shall be paid out only after audit
  by and on warrant of the comptroller.
2023 New York Laws › RSS - Retirement and Social Security › Article 4 - Supplemental Pension Act › 168 - Reimbursement for Payments to State Retired Teachers.

§  168. Reimbursement for payments to state retired teachers.  As soon
  as practicable after the close of each fiscal year  of  the  state,  the
  comptroller  shall  certify to the commissioner of education a statement
  of the total amount paid out by him during such  fiscal  year  to  state
  retired  teachers  pursuant  to  this  article.  Such  amount  shall  be
  apportioned on the same basis and collected in the  same  manner  as  is
  provided  for the collection of employers' contributions to the New York
  state teachers' retirement system by subdivision  two  of  section  five
  hundred  twenty-one  of the education law. Amounts so collected shall be
  deposited in and credited to the supplemental pension fund.
2023 New York Laws › RSS - Retirement and Social Security › Article 4 - Supplemental Pension Act › 169 - Reimbursement by Participating Employers for Payments to Certain State Retired Employees.

§  169.  Reimbursement  by  participating  employers  for  payments to
  certain state retired employees.  1. Each participating employer of  the
  New  York  state employees' retirement system, as defined in subdivision
  twenty of section two of this chapter, shall contribute to the  cost  of
  providing supplemental pension payments to those state retired employees
  who  retire from service with such participating employers in the manner
  provided in this section.
2. As soon as practicable after the close of each fiscal year  of  the
  state, the comptroller shall determine the pro rata share of the cost of
  providing  such supplemental pension payments during such fiscal year to
  be contributed by each such participating employer.  Such pro rata share
  shall be determined on the basis of the ratio  which  the  total  annual
  compensation paid to members of the New York state employees' retirement
  system by each such participating employer as of the close of the fiscal
  year  preceding  such  fiscal  year, bears to the total amount of annual
  compensation paid to members of such system by  all  such  participating
  employers as of such date.
3.  The  comptroller  thereupon  shall submit to the fiscal officer of
  each such participating  employer  a  statement  of  the  amount  to  be
  contributed  by  it  pursuant  to  this  section.  Payment of the amount
  specified in the  comptroller's  statement  shall  be  made  by  such  a
  participating  employer within sixty days after the receipt thereof.  If
  payment of the full amount of such obligation is not made  within  sixty
  days  after  the receipt of such statement, interest at the rate of four
  per centum per annum shall commence to run against  the  unpaid  balance
  thereof  on  the  first  day after such sixtieth day. While any such sum
  shall remain due and unpaid the comptroller  may  refuse  to  audit  any
  claim for funds due to such participating employer from the state.
4.  All  amounts  received  by the comptroller from such participating
  employers pursuant to this section shall be deposited in and credited to
  the supplemental pension fund.
2023 New York Laws › RSS - Retirement and Social Security › Article 4 - Supplemental Pension Act › 170 - Reimbursement of Supplemental Pension Fund by the State.

§  170.  Reimbursement of supplemental pension fund by the state.  The
  comptroller shall include with his  budget  estimate  furnished  to  the
  governor  for each fiscal year amounts estimated by him to be sufficient
  to reimburse  the  supplemental  pension  fund  for:  (a)  the  cost  of
  providing  supplemental  pension payments during the current fiscal year
  to all state retired employees, except those who  retired  from  service
  with   a  participating  employer  of  the  New  York  state  employees'
  retirement system, as defined by subdivision twenty of  section  two  of
  this  chapter;  and  (b)  the  state's  pro  rata  share  of the cost of
  providing supplemental pension payments during the current  fiscal  year
  to  state  retired  teachers,  such  pro  rata share to be determined as
  provided in  section  one  hundred  sixty-eight  of  this  article.  The
  commissioner  of  education  shall  furnish  the  comptroller  with such
  information and data  as  the  comptroller  may  need  to  prepare  such
  estimate.
2023 New York Laws › RSS - Retirement and Social Security › Article 4 - Supplemental Pension Act › 171 - Restriction on Use of Retirement or Pension Funds.

§  171.  Restriction on use of retirement or pension funds.  No moneys
  belonging to  any  publicly  administered  and  operated  retirement  or
  pension system or plan shall be appropriated or used for any purpose, or
  for any payment, authorized or required by this article.
2023 New York Laws › RSS - Retirement and Social Security › Article 4 - Supplemental Pension Act › 172 - Effect of Unconstitutionality in Part.

§  172.  Effect  of  unconstitutionality  in  part.    If  any clause,
  sentence, paragraph, subdivision, section or part of this article  shall
  be  adjudged  by any court of competent jurisdiction to be invalid, such
  judgment shall not affect, impair or invalidate the  remainder  thereof,
  but  shall  be  confined  in  its  operation  to  the  clause, sentence,
  paragraph, subdivision, section or part thereof directly involved in the
  controversy in which such judgment shall have been rendered.
2023 New York Laws › RSS - Retirement and Social Security › Article 4 - Supplemental Pension Act › 173 - References in Laws and Documents.

§  173.  References  in laws and documents.  Reference in any general,
  special or local law, rule, regulation or public document to an existing
  section, subdivision or other provision of the supplemental pension act,
  as in force immediately prior to July first, nineteen hundred fifty-six,
  shall be deemed and construed to refer  to  the  corresponding  section,
  subdivision  or  other provision of this article as amended by this act,
  or as amended or supplemented thereafter.
2023 New York Laws › RSS - Retirement and Social Security › Article 4-A - Investments of Public Pension Funds › 177-A - Investment in Certain Conventional Mortgages.

§    177-a.    Investment    in    certain   conventional   mortgages.
  Notwithstanding any provision contained in this  chapter  or  any  other
  general,  special  or  local  law  or  code  to the contrary, within the
  limitations authorized for investment  in  conventional  mortgages,  the
  trustees  of the fund may invest a part of its assets in first mortgages
  on real property located anywhere within the boundaries  of  the  United
  States.