N.Y. Retirement & Social Security Law § 113: Creation or modification of local retirement systems prohibited

§ 113. Creation or modification of local retirement systems

prohibited. a. No municipality, after April twelfth, nineteen hundred

twenty-two, shall create any retirement system for its officers or

employees.

b. Notwithstanding any inconsistent provisions of any general, special

or local law, ordinance or city or village charter, no municipality

shall have power to add, change, modify, supersede, amend or repeal any

provision relating to contributions payable to or pensions, annuities,

or other benefits payable by any pension or retirement system or fund

administered by such municipality or an agency thereof for the benefit

of officers or employees of such municipality, except as provided herein

or in article four or article six of this chapter. Any such provision

for the payment of a pension or retirement allowance of a fixed amount,

expressed in dollars, may be amended by the municipality to provide

future retirees with a pension or retirement allowance in terms of a

percentage, not to exceed fifty per cent, of the annual salary before

retirement of the officer or employee.

c. The provisions of subdivision b of this section shall not prevent a

municipality having the power to adopt local laws to provide by local

law, or a municipality not having the power to adopt local laws to

provide by ordinance or resolution, for increased-take-home-pay for

members of a pension or retirement system or fund administered by it or

by any agency thereof. Such local law, ordinance, or resolution may

provide a plan for increased-take-home-pay which shall not be

inconsistent with the provisions, limitations, restrictions and payroll

periods of the plans for increased-take-home-pay provided by chapters of

the laws of nineteen hundred sixty, entitled "An act to amend the

retirement and social security law, in relation to the addition of

pensions providing-for-increased-take-home-pay, death benefits, and

reopening of a plan for retirement at age fifty-five", "An act to amend

the retirement and social security law, in relation to authorizing the

provision of added pensions-providing-for-increased-take-home-pay and

death benefits for officers and employees of participating employers in

the New York state employees' retirement system", "An act to amend the

mental hygiene law, in relation to reducing contributions of members of

the New York state hospital system and providing added death benefits,"

and any acts amendatory thereof.