2023 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, 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 (i) under honorable
circumstances, or (ii) has a qualifying condition, as defined in section
three hundred fifty of the executive law, and  was  a  resident  of  the
state  at  the time of entry into service and at the time of receiving a
discharge other than bad conduct or dishonorable from such  service,  or
(iii)  is a discharged LGBT veteran, as defined in section three hundred
fifty of the executive law, and was a resident of the state at the  time
of  entry  into  service  and at the time of receiving a discharge other
than bad conduct or dishonorable from such service.
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.