2023 New York Laws › RSS - Retirement and Social Security › Article 14 - Coordinated-Escalator Retirement Plan › 511 - Coordination With Social Security Benefits.

§  511.  Coordination  with  social  security  benefits. a. A member's
service retirement or disability  benefit  shall  be  reduced  by  fifty
percent of the primary social security retirement or disability benefit,
as  the  case  may  be, commencing at (i) age sixty-two, with respect to
service retirement benefits which commence at or  before  such  age,  or
disability benefits paid to a disability retiree who is not eligible for
or receiving primary social security disability benefits, or (ii) on the
date  on  which  such  member  first becomes eligible to receive primary
social security disability benefits, with respect to disability benefits
paid to a disability retiree who is eligible for primary social security
disability benefits, or (iii) on the date  such  member  separates  from
service, if later than age sixty-two.
b. A member's primary social security retirement or disability benefit
shall  mean  the  social  security  benefit  computed  as of the time of
separation from service on benefit levels then in effect.  In  no  event
shall a benefit payable under this article be reduced as a result of any
increase in social security benefits which occurs after the day on which
such   member   last  separated  from  service.  Provided,  however,  in
determining the applicable date pursuant to the preceding sentence,  any
period  of  service  immediately  prior to such separation which was not
allowable as credited service pursuant to section five hundred  thirteen
shall be disregarded.
c.  1.  A  member's  primary  social security retirement or disability
benefit, for offset purposes,  shall  be  the  member's  federal  social
security  primary  insurance amount, calculated as hereinafter provided.
In determining a member's  primary  insurance  amount,  only  wages  for
service  with  a  public employer shall be included during years of such
service, and zero earnings shall be used for  all  other  years  in  the
member's  federal  social security benefit computation period. Provided,
however, that a member's primary insurance  amount  shall  in  no  event
exceed the amount determined pursuant to paragraph two.
2.  A member's primary insurance amount shall be determined under this
paragraph if a lower amount  would  thereby  result.  In  determining  a
member's primary insurance amount hereunder, only wages for service with
a  public  employer  shall be included during years of such service. The
member's highest annual wage earned during  any  calendar  year  of  the
final  five  calendar  years  of service with a public employer shall be
used for all years of  the  member's  federal  social  security  benefit
computation  period, if any, falling after such member's separation from
such service up  to  age  sixty-two  if  separation  occurs  before  age
sixty-two. Such highest annual wage shall be used for the final calendar
year  of  service  and,  reduced  by five percent per year for each year
preceding such final calendar year of service, shall  be  used  for  all
years of the applicable social security benefit computation period which
precede  the  final calendar year of such member's service with a public
employer. The primary insurance amount, as determined  above,  shall  be
then  reduced  by  a fraction, the numerator of which shall be the total
years and parts thereof (measured in months) of service  with  a  public
employer,  and  the  denominator  of  which shall be the total number of
years in the member's social security benefit computation period.
d. The member's primary social security disability benefit, for offset
purposes,  shall  equal  the  member's  primary  insurance  amount.  The
member's   primary   social  security  retirement  benefit,  for  offset
purposes, shall equal the member's primary insurance amount
(i) reduced by five-ninths of one percent  for  each  month,  or  part
thereof,  that  separation  from  service  upon  retirement (or the date
benefits commence, if later)  precedes  attainment  of  age  sixty-five,

provided  that such reduction, in no event, shall exceed twenty percent,
or
(ii)  increased  by  one-twelfth  of  one  percent for each month that
separation from  service  upon  retirement  exceeds  attainment  of  age
sixty-five.
e.  Except  as otherwise provided herein, a member's primary insurance
amount shall be determined as provided in the  federal  social  security
act, and the rules and regulations promulgated thereunder.
f.  This  section  shall not apply to general members in the uniformed
correction force of the New York city department  of  correction  or  to
uniformed  personnel  in  institutions  under  the  jurisdiction  of the
department  of  corrections  and  community  supervision  and   security
hospital treatment assistants, as those terms are defined in subdivision
i  of  section  eighty-nine of this chapter, provided, however, that the
provisions of this section shall apply to  a  New  York  city  uniformed
correction/sanitation revised plan member.
g.  This  section  shall  not  apply  to a New York city enhanced plan
member who receives the ordinary  disability  benefit  provided  for  in
subdivision  c-1  of  section  five  hundred  six of this article or the
accidental  disability  benefit  provided  for  in  paragraph  three  of
subdivision c of section five hundred seven of this article.