2023 New York Laws › RSS - Retirement and Social Security › Article 4 - Supplemental Pension Act › 163 - Computation of Supplemental Pensions.

§   163.  Computation  of  supplemental  pensions.    1.  The  monthly
supplemental pension to be paid to a state  retired  employee  shall  be
computed by
(a)  multiplying  by  forty  (or  forty-three and two-fifths in a case
where a retired employee may under this act receive a maximum retirement
allowance  or  pension,  computed  without  optional  modification,   of
thirteen  hundred  and  two  dollars) the number of years, not exceeding
thirty, of allowable  and  credited  service  on  which  his  retirement
allowance or pension is based,
(b)   subtracting  therefrom  the  amount  of  his  annual  retirement
allowance or pension, computed without optional modification, and
(c) dividing the results so obtained by twelve.
2. In no event shall the monthly supplemental pension paid to a  state
retired employee exceed
(a)  twenty-five  dollars,  or thirty-three dollars and fifty cents in
any case where the maximum under paragraph (b) of  this  subdivision  is
one hundred eight dollars and fifty cents, or
(b)  an  amount which, when added to an amount equal to one-twelfth of
his annual retirement allowance or pension,  computed  without  optional
modification, exceeds
(1) the sum of one hundred dollars, or
(2)  one hundred eight dollars and fifty cents, in the case of a state
retired  employee  who  attained  age  sixty-five  before  April  first,
nineteen  hundred  fifty-six,  or  who attains such age on or after such
date, 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, or who  is  a  female
person  who  attained age sixty-two before April first, nineteen hundred
fifty-seven, or who attains such age on or after  such  date,  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, or is retired for disability, either
before or after attaining age fifty, and who attained  such  age  before
April first, nineteen hundred fifty-seven, or who attains such age on or
after  such  date,  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, or
(3)  one hundred eight dollars and fifty cents, in the case of a local
retired employee, where the municipality shall have  provided  by  local
law,  ordinance  or  resolution  for  payments  up to such sum for local
retired employees  who  attained  age  sixty-five  before  April  first,
nineteen  hundred  fifty-six,  or  who  attain such age on or after such
date, beginning with  the  month  when  such  local  law,  ordinance  or
resolution  shall  become  effective,  if such local retired employee is
then sixty-five years of age or  beginning  with  the  month  thereafter
during  which  he  attains age sixty-five, or who are female persons who
attained age sixty-two before April first, nineteen hundred fifty-seven,
or who attain such age on or after such date, beginning with  the  month
when  such local law, ordinance or resolution shall become effective, if
such local retired employee is then sixty-two years of age or  beginning
with the month thereafter during which she attains age sixty-two, or who
are  retired for disability, either before or after attaining age fifty,
and  who  attained  age  fifty  before  April  first,  nineteen  hundred
fifty-seven,  or  who  attain  such age on or after such date, beginning
with the month when such local law, ordinance or resolution shall become
effective, if such local retired employee is then fifty years of age  or
beginning with the month thereafter during which she attains age fifty.
3.  Except as otherwise provided by or pursuant to subdivision five or
subdivision six of this section, the monthly supplemental pension to  be
paid  to  a  state retired teacher shall be twenty-five dollars plus the
amount, if any, by which one-twelfth of his annual retirement allowance,
computed  without  optional modification, is less than fifty dollars. In
no event shall the monthly supplemental pension paid to a state  retired
teacher  exceed  an  amount  which,  when  added  to  an amount equal to
one-twelfth  of  his  annual  retirement  allowance,  computed   without
optional modification, exceeds the sum of one hundred dollars.
4.  For  the  purposes  of  this section, in determining the number of
years of allowable and credited service, a  major  fraction  of  a  year
shall be counted as a full year.
5.  Notwithstanding  any  other  provision  of  this act but except as
otherwise provided by or pursuant to  subdivision  six  and  subdivision
seven of this section, any state retired teacher who
(a)  attained  age  sixty-five  before  April  first, nineteen hundred
fifty-six, or who attains such age on or after  such  date  and  who  is
receiving  or  is entitled to receive a supplemental pension pursuant to
this act on or after such date shall, 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, or
(b) is a female person who attained age sixty-two before April  first,
nineteen  hundred  fifty-seven, or who attains such age on or after such
date and who is receiving or entitled to receive a supplemental  pension
pursuant  to  this  act  on or after such date shall, 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, or
(c) is retired for disability, either before or  after  attaining  age
fifty,  and  who  attained such age before April first, nineteen hundred
fifty-seven, or who attains such age on or after such date  and  who  is
receiving or entitled to receive a supplemental pension pursuant to this
act  on  or  after  such  date shall, 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,
receive a monthly supplemental pension in an amount which when added  to
his  monthly  retirement allowance or pension, 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 shall be equal to one hundred eight dollars and fifty
cents;  provided,  however,  that  this  subdivision  shall  not  become
operative  in  the  case  of  a local retired teacher unless and until a
local  law,  ordinance  or  resolution   authorizing   such   additional
supplemental  pension  payments  for such a person or persons shall have
become effective.
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  eight  dollars  and  fifty
cents;  provided,  however,  that  this  subdivision  shall  not  become
operative in the case of a local retired  teacher  unless  and  until  a
local   law,   ordinance   or  resolution  authorizing  such  additional
supplemental pension payments for such a person or  persons  shall  have
become effective.
6. Notwithstanding any other provision of this act except as otherwise
provided  by  or  pursuant  to  subdivision seven of this section, (a) a
state retired teacher, having retired  prior  to  July  first,  nineteen
hundred  sixty-one,  who  is  not receiving the primary benefit obtained

under the federal old-age, survivors, and disability  insurance  system,
shall  receive,  beginning with the month of September, nineteen hundred
sixty-five, 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  two  hundred  dollars  and
beginning  with  the  month  of  September,  nineteen hundred seventy, 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 two hundred twenty-five dollars, or  (b)
a  state  retired  teacher, having retired prior to July first, nineteen
hundred sixty-one, who is receiving the primary benefit  obtained  under
the  federal  old-age, survivors, and disability insurance system, shall
receive, beginning with the month of April, nineteen hundred sixty-five,
a monthly supplemental pension in an amount which,  when  added  to  his
monthly  retirement allowance or pension, without optional modification,
shall be equal to one hundred seventy-five dollars;  provided,  however,
that  this subdivision shall not become operative in the case of a local
retired teacher unless and until a local law,  ordinance  or  resolution
authorizing  such  additional  supplemental  pension payments for such a
person or persons shall have become effective, and further provided that
nothing herein contained shall be construed to  reduce  any  pension  or
retirement  allowance,  or  supplemental  pension  being received by any
retired teacher prior to April first, nineteen  hundred  sixty-five.  As
used  in  this  subdivision  the  term  "optional modification" includes
modification due to additional contributions authorized  by  subdivision
three of section five hundred sixteen of the education law.
7.  For  persons retiring after June thirtieth, nineteen hundred sixty
and prior to the effective date of this chapter, and who  are  otherwise
eligible for supplementation under provisions of this act, a retroactive
payment  for  supplemental  pensions  shall  be  made, as if chapter one
thousand forty of the laws  of  nineteen  hundred  sixty  had  not  been
enacted,  covering  the  period  between  the date of retirement and the
effective date of this chapter.