2023 New York Laws › RSS - Retirement and Social Security › Article 2 - New York State Employees' Retirement System › Title 8 - General Provisions Relating to Retirement; Retirement Plans Applicable to Members Generally › 75-C - Non-Contributory Retirement Plan Benefits.

§  75-c. Non-contributory retirement plan benefits.  a. In addition to
any retirement allowance to which a member may be entitled for  services
rendered  at  any  time  other  than  expressly provided for herein, any
member  covered  by  the  provisions  of   section   seventy-five-a   or
seventy-five-b  of this chapter shall upon retirement, receive a service
retirement pension  for  the  herein  provided  period  of  service,  in
accordance  with  the provisions of paragraphs one or two hereof, as the
case may be, which shall be in lieu of the  service  retirement  pension
and the pension for increased-take-home-pay provided for in the sections
of this chapter hereinafter referred to.
1.  (a)  A  member  who  had  been contributing for service retirement
benefits on the  basis  of  any  of  the  plans  contained  in  sections
seventy-one, seventy-one-a, seventy-two or seventy-five of this chapter,
shall  receive  at  retirement,  for service rendered on and after April
first, nineteen hundred sixty,  a  pension  computed  on  the  basis  of
one-sixtieth  of his final average salary for each year of such service;
provided, however, persons who last became  members  on  or  after  July
first,  nineteen  hundred  seventy-three shall receive such pension only
for service rendered on and after April first, nineteen  hundred  sixty,
and prior to July first, nineteen hundred seventy-four.
(b) A member who had been contributing for service retirement benefits
on  the  basis  of  any of the plans contained in subparagraph a hereof,
shall receive at retirement, for service rendered  before  April  first,
nineteen  hundred  sixty,  a  pension  computed  on the basis of one-one
hundred twentieth of his final average salary for each year of  credited
member  service  plus  one-sixtieth of his final average salary for each
such year of credited prior service or service in war after world war I.
Notwithstanding  anything  to  the   contrary   contained   in   section
seventy-five  of  this  chapter,  a  member who had been contributing as
aforesaid  shall  be  eligible  for   superannuation   retirement   upon
attainment of age fifty-five.
2.  A member who had been contributing for service retirement benefits
on the basis of the plan contained in section  eighty  of  this  chapter
shall  receive  at  retirement,  for  service rendered on or after April
first, nineteen hundred sixty, a pension of one-fortieth  of  his  final
average  salary  for  each  year  of  such  credited  service, provided,
however, that the sum total of the retirement  allowance  payable  shall
not exceed one-half of the member's final average salary.
3.  A member who had been contributing under section eighty-nine shall
receive at retirement, for service rendered on and  after  April  first,
nineteen  hundred  sixty, a pension of one-fiftieth of his final average
salary for each year of such credited service, with the total  allowance
hereunder  determined  as defined and limited in the section referred to
in this paragraph  three  and  with  the  additional  proviso  that  any
contributions  made  by the member during the period referred to in this
paragraph three are to be used at retirement to  provide  an  additional
annuity  over  and  above  the  retirement allowance otherwise provided,
except that persons who last became members  on  or  after  July  first,
nineteen  hundred  seventy-three,  shall  receive  such pension only for
service rendered on and after April first, nineteen hundred  sixty,  and
prior to July first, nineteen hundred seventy-four.
4.  A  member  who  had  been contributing under section eighty-nine-a
shall receive at retirement, for service rendered  on  and  after  April
first,  nineteen  hundred  sixty, a pension of one-fiftieth of his final
average salary for each year of such credited service,  with  the  total
allowance  hereunder  determined  as  defined and limited in the section
referred to in this paragraph four and with the additional proviso  that
any  contributions  made  by the member during the period referred to in

this paragraph  four  are  to  be  used  at  retirement  to  provide  an
additional  annuity  over  and  above the retirement allowance otherwise
provided; except that persons who last became members on or  after  July
first,  nineteen  hundred  seventy-three shall receive such pension only
for service rendered on and after April first,  nineteen  hundred  sixty
and prior to July first, nineteen hundred seventy-four.
5.  In  addition  to  the pension hereinabove provided, a member shall
receive an annuity which  shall  be  the  actuarial  equivalent  of  his
accumulated contributions at the time of his retirement.
6.  The  benefits  hereinabove  provided  shall  be payable unless the
member would otherwise under the provisions of this chapter be  entitled
to  a  greater  benefit,  in  which  event, the greater benefit shall be
payable.
7. An act of the legislature of the year nineteen hundred  sixty-eight
which  in  form, adds or purports to add a new section or subdivision or
purports to amend or repeal any section,  subdivision  or  provision  of
this  chapter as in force and effect immediately prior to January first,
nineteen hundred sixty-eight, shall be deemed and  construed  as  having
been  added  to this act and shall be given full effect according to its
context as if the same had been added expressly and  in  terms  of  this
act, and shall be deemed and construed to have been inserted in this act
in  the appropriate position in regard to and as modifying the effect of
the corresponding provision or provisions of this act to  the  end  that
there will be no diminution or impairment of any of the benefits enacted
by such session of the legislature.