N.Y. Retirement & Social Security Law § 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.