N.Y. Retirement & Social Security Law § 75-c: Non-contributory retirement plan benefits

§ 75-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 section seventy-five-a or

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 paragraphs one or two 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.

1. (a) A member who had been contributing for service retirement

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

seventy-one, seventy-one-a, seventy-two or 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.

(b) A member who had been contributing for service retirement benefits

on the basis of any of the plans contained in subparagraph a 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

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.

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

on the basis of the plan contained in section eighty of this chapter

shall receive at retirement, for service rendered on or after April

first, nineteen hundred sixty, a pension of one-fortieth of his final

average salary for each year of such credited service, provided,

however, that the sum total of the retirement allowance payable shall

not exceed one-half of the member's final average salary.

3. A member who had been contributing under section eighty-nine shall

receive at retirement, 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, with the total allowance

hereunder determined as defined and limited in the section referred to

in this paragraph three and with the additional proviso that any

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

paragraph three are to 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.

4. A member who had been contributing under section eighty-nine-a

shall receive at retirement, 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, with the total

allowance hereunder determined as defined and limited in the section

referred to in this paragraph four and with the additional proviso that

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

this paragraph four are to 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.

5. 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 his retirement.

6. 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.

7. An act of the legislature of the year nineteen hundred sixty-eight

which in form, adds or purports to add a new section or subdivision or

purports to amend or repeal any section, subdivision or provision of

this chapter as in force and effect immediately prior to January first,

nineteen hundred sixty-eight, shall be deemed and construed as having

been added to this act and shall be given full effect according to its

context as if the same had been added expressly and in terms of this

act, and shall be deemed and construed to have been inserted in this act

in the appropriate position in regard to and as modifying the effect of

the corresponding provision or provisions of this act to the end that

there will be no diminution or impairment of any of the benefits enacted

by such session of the legislature.