N.Y. Retirement & Social Security Law § 375-c: Non-contributory retirement plan benefits

§ 375-c. Non-contributory retirement plan benefits. a. In addition to

any retirement allowance to which a member may be entitled for services

rendered at any time other than expressly provided for herein, any

member covered by the provisions of sections three hundred

seventy-five-a or three hundred seventy-five-b of this chapter shall

upon retirement, receive a service retirement pension for the herein

provided period of service, in accordance with the provisions of

subdivisions b, c or d hereof, as the case may be, which shall be in

lieu of the service retirement pension and the pension for

increased-take-home-pay provided for in the sections of this chapter

hereinafter referred to.

b. 1. A member who had been contributing for service retirement

benefits on the basis of any of the plans contained in sections three

hundred seventy-one, three hundred seventy-one-a, three hundred

seventy-two or three hundred seventy-five of this chapter, shall receive

at retirement, for service rendered on and after April first, nineteen

hundred sixty, a pension computed on the basis of one-sixtieth of his

final average salary for each year of such service; provided, however,

persons who last became members on or after July first, nineteen hundred

seventy-three shall receive such pension only for service rendered on

and after April first, nineteen hundred sixty and prior to July first,

nineteen hundred seventy-four.

2. A member who had been contributing for service retirement benefits

on the basis of any of the plans contained in paragraph one hereof,

shall receive at retirement, for service rendered before April first,

nineteen hundred sixty, a pension computed on the basis of one-one

hundred twentieth of his final average salary for each year of credited

member service plus one-sixtieth of his final average salary for each

such year of credited prior service or service in war after world war I.

Notwithstanding anything to the contrary contained in section three

hundred seventy-five of this chapter, a member who had been contributing

as aforesaid shall be eligible for superannuation retirement upon

attainment of age fifty-five.

c. A member contributing for service retirement benefits on the basis

of any of the plans contained in the sections numbered three hundred

eighty-one, three hundred eighty-one-a, three hundred eighty-two, three

hundred eighty-three, three hundred eighty-three-a, three hundred

eighty-four, three hundred eighty-five, three hundred eighty-six, three

hundred eighty-seven, three hundred eighty-eight, for service rendered

on and after April first, nineteen hundred sixty, a pension of

one-fiftieth of his final average salary for each year of such credited

service during this period, with the total allowance hereunder

determined as defined and limited in the respective sections referred to

in this paragraph c and with the additional proviso that any

contributions made by the member during the period referred to in this

paragraph c shall be used at retirement to provide an additional annuity

over and above the retirement allowance otherwise provided, except that

persons who last became members on or after July first, nineteen hundred

seventy-three shall receive such pension only for service rendered on

and after April first, nineteen hundred sixty, and prior to July first,

nineteen hundred seventy-four.

d. A member who had been contributing for service retirement benefits

on the basis of the plans contained in sections three hundred

eighty-four-b, three hundred eighty-four-d or three hundred

eighty-five-a of this chapter, shall receive at retirement, for service

rendered on and after April first, nineteen hundred sixty a pension of

one-fortieth of his final average salary for each year of such credited

service during this period, with the total allowance hereunder

determined as defined and limited in the section referred to in this

paragraph d and with the additional proviso that any contributions made

by the member during the period referred to in this paragraph d shall be

used at retirement to provide an additional annuity over and above the

retirement allowance otherwise provided, except that persons who last

became members on or after July first, nineteen hundred seventy-three

shall receive such pension only for service rendered on and after April

first, nineteen hundred sixty and prior to July first, nineteen hundred

seventy-four.

e. In addition to the pension hereinabove provided, a member shall

receive an annuity which shall be the actuarial equivalent of his

accumulated contributions at the time of retirement.

f. The benefits hereinabove provided shall be payable unless the

member would otherwise under the provisions of this chapter be entitled

to a greater benefit, in which event, the greater benefit shall be

payable.