2023 New York Laws › RSS - Retirement and Social Security › Article 4 - Supplemental Pension Act › 161 - Definitions.

§  161.  Definitions.    As  used  in this article: 1. The term "state
retired employee" shall mean a person who shall have  retired  prior  to
July first, nineteen hundred sixty-one, and receives as a result of such
retirement,   a   retirement   allowance   or  pension  from  any  state
administered and operated retirement or pension plan  or  system,  which
retirement allowance or pension, computed without optional modification,
is or would be twelve hundred dollars per annum or less, and who, unless
retired  for  disability,  (a) is sixty years of age or over and (b) has
had not less than fifteen years of allowable  and  credited  service  on
which  his  retirement allowance or pension is based, provided, however,
that
(1) in the case  of  such  a  person  meeting  such  requirements  who
attained  age sixty-five before April first, nineteen hundred fifty-six,
or who attains such age on or after such date,  the  maximum  retirement
allowance  or pension, computed without optional modification, shall for
the purposes hereof be  thirteen  hundred  and  two  dollars  per  annum
beginning  with the month of April, nineteen hundred fifty-six, if he is
then sixty-five years of age or  beginning  with  the  month  thereafter
during which he attains age sixty-five;
(2)  in  the  case  of  a  female person meeting such requirements who
attained age sixty-two before April first, nineteen hundred fifty-seven,
or who attains such age on or after such date,  the  maximum  retirement
allowance  or pension, computed without optional modification, shall for
the purposes hereof be  thirteen  hundred  and  two  dollars  per  annum
beginning  with the month of April, nineteen hundred fifty-seven, if she
is then sixty-two years of age or beginning with  the  month  thereafter
during which she attains age sixty-two;
(3)  in  the case of a person retired for disability, either before or
after attaining age fifty, who attained such  age  before  April  first,
nineteen  hundred  fifty-seven, or who attains such age on or after such
date, the maximum retirement  allowance  or  pension,  computed  without
optional modification, shall for the purposes hereof be thirteen hundred
and  two  dollars  per annum beginning with the month of April, nineteen
hundred fifty-seven, if he is then fifty years of age or beginning  with
the month thereafter during which he attains age fifty.
2.  The  term  "local  retired employee" shall mean a person who shall
have retired prior  to  July  first,  nineteen  hundred  sixty-one,  and
receives  as  a  result  of  such  retirement, a retirement allowance or
pension from any retirement or pension system or plan of a municipality,
which  retirement  allowance  or  pension,  computed  without   optional
modification,  is  or would be twelve hundred dollars per annum or less,
and who, unless retired for disability, (a) is sixty  years  of  age  or
over  and  (b)  has  had  not  less  than fifteen years of allowable and
credited service on which his retirement allowance or pension is  based,
provided, however, that
(1)  in  the  case  of  such  a  person  meeting such requirements who
attained age sixty-five before April first, nineteen hundred  fifty-six,
or  who  attains  such age on or after such date, the maximum retirement
allowance or pension, computed without optional modification, shall  for
the purposes hereof be thirteen hundred and two dollars per annum in the
event  a  local  law,  ordinance  or  resolution  is adopted pursuant to
paragraph b of subdivision two of section  one  hundred  sixty-three  of
this  act,  beginning  with  the month when such local law, ordinance or
resolution shall become effective, if such  person  is  then  sixty-five
years  of  age  or  beginning  with the month thereafter during which he
attains age sixty-five;
(2) in the case of a  female  person  meeting  such  requirements  who
attained age sixty-two before April first, nineteen hundred fifty-seven,

or  who  attains  such age on or after such date, the maximum retirement
allowance or pension, computed without optional modification, shall  for
the purposes hereof be thirteen hundred and two dollars per annum in the
event  a  local  law,  ordinance  or  resolution  is adopted pursuant to
paragraph b of subdivision two of section  one  hundred  sixty-three  of
this  act,  beginning  with  the month when such local law, ordinance or
resolution shall become effective, if she is then sixty-two years of age
or beginning with the month thereafter  during  which  she  attains  age
sixty-two;
(3)  in  the case of a person retired for disability, either before or
after attaining age fifty, who attained such  age  before  April  first,
nineteen  hundred  fifty-seven, or who attains such age on or after such
date, the maximum retirement  allowance  or  pension,  computed  without
optional modification, shall for the purposes hereof be thirteen hundred
and  two  dollars  per  annum  in  the  event  a local law, ordinance or
resolution is adopted pursuant to paragraph  b  of  subdivision  two  of
section  one  hundred  sixty-three of this act, beginning with the month
when such local law, ordinance or resolution shall become effective,  if
he  is  then  fifty  years of age or beginning with the month thereafter
during which he attains age fifty.
3. The term "state retired teacher" shall mean a person who shall have
retired prior to July first, nineteen hundred sixty-one, and receives  a
retirement  allowance  from  the  New  York  state  teachers' retirement
system,  which   retirement   allowance,   computed   without   optional
modification, including any modification due to additional contributions
as  authorized  by  subdivision three of section five hundred sixteen of
the education law, is or would be twenty-four hundred dollars per  annum
or  less  and who, unless retired for disability, has been credited with
not less than twenty-five years of service, at least  fifteen  of  which
shall have been service within the state.
4. The term "local retired teacher" shall mean a person who shall have
retired prior to July first, nineteen hundred sixty-one, and receives as
a  result  of such retirement, a retirement allowance from any teachers'
retirement system administered and  operated  by  a  municipality  or  a
school  district  located  therein, which retirement allowance, computed
without optional modification, is or would be twelve hundred dollars per
annum or less, or as hereinafter provided thirteen hundred  and  two  or
eighteen hundred dollars per annum or less, as the case may be, and who,
unless  retired  for  disability, has had not less than fifteen years of
allowable and credited service on  which  his  retirement  allowance  is
based, provided, however, that
(1)  In  the  case  of  such  a  person  meeting such requirements who
attained age sixty-five before April first, nineteen hundred  fifty-six,
or  who  attains  such age on or after such date, the maximum retirement
allowance or pension, computed without optional modification, shall  for
the purposes hereof be thirteen hundred and two dollars per annum in the
event  a  local  law,  ordinance  or  resolution  is adopted pursuant to
subdivision five  of  section  one  hundred  sixty-three  of  this  act,
beginning  with  the  month when such local law, ordinance or resolution
shall become effective, if such person is then sixty-five years  of  age
or  beginning  with  the  month  thereafter  during which he attains age
sixty-five;
(2) in the case of a  female  person  meeting  such  requirements  who
attained age sixty-two before April first, nineteen hundred fifty-seven,
or  who  attains  such age on or after such date, the maximum retirement
allowance or pension, computed without optional modification, shall  for
the purposes hereof be thirteen hundred and two dollars per annum in the
event  a  local  law,  ordinance  or  resolution  is adopted pursuant to

paragraph b of subdivision two of section  one  hundred  sixty-three  of
this  act,  beginning  with  the month when such local law, ordinance or
resolution shall become effective, if she is then sixty-two years of age
or  beginning  with  the  month  thereafter during which she attains age
sixty-two;
(3) in the case of a person retired for disability, either  before  or
after  attaining  age  fifty,  who attained such age before April first,
nineteen hundred fifty-seven, or who attains such age on or  after  such
date,  the  maximum  retirement  allowance  or pension, computed without
optional modification, shall for the purposes hereof be thirteen hundred
and two dollars per annum  in  the  event  a  local  law,  ordinance  or
resolution  is  adopted  pursuant  to  paragraph b of subdivision two of
section one hundred sixty-three of this act, beginning  with  the  month
when  such local law, ordinance or resolution shall become effective, if
he is then fifty years of age or beginning  with  the  month  thereafter
during which he attains age fifty;
(4) in the case where a local law, ordinance or resolution authorizing
additional  supplemental pension payments pursuant to subdivision six of
section one hundred sixty-three of this act is adopted effective  on  or
after April first, nineteen hundred fifty-eight, such term shall for the
purposes  hereof  refer  to  such a person entitled to receive a monthly
supplemental pension in an  amount  which  when  added  to  his  monthly
retirement allowance or pension, computed without optional modification,
shall be equal to one hundred fifty dollars.
5. The term "municipality" shall mean a county, city, town or village.
6. The term "comptroller" shall mean the state comptroller.