N.Y. Retirement & Social Security Law § 80-a: Legislative and executive retirement plan; new plan

§ 80-a. Legislative and executive retirement plan; new plan. a. As

used in this section the following words and phrases shall have the

following meanings unless a different meaning is plainly required by the

context:

1. "Legislative and executive member". A person who is

lieutenant-governor, comptroller, attorney-general, a senator, an

assemblyman or an annual or session employee of the legislature, and

elects to come under the provisions of this section.

1-a. "Legislative employee" means (a) an officer or employee of the

senate; (b) an officer or employee of the assembly; (c) an officer or

employee of a joint legislative employer. For the purposes of this

subdivision, the term "joint legislative employer" shall mean

legislative commissions, committees, task forces (irrespective of

intended or actual duration), joint legislative commissions, councils or

similar bodies whose membership is comprised of both senators and

assembly members, or which consist of commissioners, or the majority of

whose membership is appointed by one or more of the following: the

temporary president of the senate, the speaker of the assembly, the

minority leader of the senate and/or the minority leader of the

assembly, and shall include officers and employees of the legislative

library, legislative health service, legislative messenger service and

including components of the senate or assembly that are so identified

pursuant to the legislative law; and further shall include officers and

employees of a joint legislative employer which at the time of the

service satisfies the foregoing definition of "joint legislative

employer". "Legislative service" or "legislative employment" shall mean

service or employment as a legislative employee as defined herein.

2. "Annual employee". A person employed by the legislature on an

annual payroll for not less than twenty-six weeks in any calendar year

(exclusive of employees of joint legislative committees or temporary

commissions) regardless of whether or not such service is consecutive

and regardless of whether rendered before or after the effective date of

this act.

3. "Session employee". A person employed by the legislature on a

session payroll during the entire period of a regular session of the

legislature. For the purposes of this paragraph, the entire period of a

regular session of the legislature shall mean the period covered by the

session payroll schedule adopted for administrative purposes and

certified to by the temporary president of the senate or the speaker of

the assembly, as the case may be, at the commencement of a regular

session of the legislature.

4. "Final average salary". The average yearly and/or annual

compensation earned during any three consecutive years of creditable

service, as selected by such member at the time of retirement.

5. "Yearly compensation". The total salary or wages and statutory

allowance paid in any calendar year for creditable service to the

lieutenant-governor, comptroller, attorney-general, a senator, an

assemblyman or an annual or session employee of the legislature for any

purpose, and/or while a delegate, officer or employee of the conventions

to revise and amend the constitution of the state in the years nineteen

hundred thirty-eight or nineteen hundred sixty-seven, or both.

6. "Annual compensation". The total salary or wages paid in any

calendar year to a person for any creditable service under this section,

other than service as lieutenant-governor, comptroller,

attorney-general, a senator, an assemblyman or an annual or session

employee of the legislature.

7. "Creditable service". Regardless of whether rendered before or

after the effective date of this section, service rendered as

lieutenant-governor, comptroller, attorney-general, a senator, an

assemblyman or an annual or session employee of the legislature, and

service rendered to the state, any political subdivision thereof or a

public benefit corporation for which credit is granted under the

provisions of this or any other section of this chapter, and military

service. A senator or an assemblyman or a session employee who serves

during an entire regular legislative session, and an annual employee who

serves not less than twenty-six weeks during any calendar year shall be

credited with service for the entire year. Notwithstanding the foregoing

provisions of this paragraph, service rendered to the state, any

political subdivision thereof or a public benefit corporation for which

credit is granted under the provisions of any other section of this

chapter shall not be deemed to be creditable service, as herein defined,

if rendered by a person who becomes a member under the provisions of

this section on and after July first, nineteen hundred seventy-two.

8. "Military service". (a) Prior military service as defined in

paragraphs d and e of subdivision twenty-four of section two of this

chapter; and

(b) Service in war after world war I as defined in subdivisions

twenty-nine, twenty-nine-a, thirty, and thirty-one of section two of

this chapter; and

(c) In the case of a senator or assemblyman, service, not in excess of

three years and not otherwise creditable under subparagraph (b) of this

paragraph, rendered on active duty in the armed forces of the United

States during the period commencing July first, nineteen hundred forty,

and terminating December thirty-first, nineteen hundred forty-six, by a

person who was a resident of the state at the time of entry into service

and at the time of being discharged therefrom (i) under honorable

circumstances, or (ii) has a qualifying condition, as defined in section

three hundred fifty of the executive law, and was a resident of the

state at the time of entry into service and at the time of receiving a

discharge other than bad conduct or dishonorable from such service, or

(iii) is a discharged LGBT veteran, as defined in section three hundred

fifty of the executive law, and was a resident of the state at the time

of entry into service and at the time of receiving a discharge other

than bad conduct or dishonorable from such service.

9. "Service fraction". The fraction by which a member's final average

salary times his years of service is multiplied to determine such

member's pension.

b. Any person who is lieutenant-governor, comptroller,

attorney-general, a senator, an assemblyman or an annual or session

employee of the legislature may elect to come under the provisions of

this section by filing an application therefor with the comptroller on

or before April first, nineteen hundred sixty-nine or within one year

after he last becomes lieutenant-governor, comptroller,

attorney-general, a senator, an assemblyman or an annual or session

employee of the legislature, whichever is later. One year or more after

the filing thereof, a member may withdraw any such election by written

notice duly acknowledged and filed with the comptroller.

c. 1. A legislative and executive member who, while a member of this

retirement system under the provisions of any other section of this

chapter, elected, prior to August nineteenth, nineteen hundred

sixty-seven, to contribute at a rate of contribution determined in

accordance with the provisions of such section, shall continue to

contribute at such rate until such election is withdrawn as provided in

subdivision e of section seventy-five-a of this chapter.

2. No contribution may be made by a legislative and executive member

under the provisions of this section who:

(a) becomes a member of the retirement system on and after April

first, nineteen hundred sixty-eight; or

(b) was a non-contributory member of the retirement system at the time

he elects to come under the provisions of this section.

3. In addition, every person who was a member of this retirement

system prior to August nineteenth, nineteen hundred sixty-six may elect

or may continue to make contributions pursuant to subdivision i of

section twenty-one of this chapter.

d. 1. A legislative and executive member who does not withdraw his

contributions made prior to April first, nineteen hundred sixty, shall

be entitled to retire, subject to the provisions of subdivision h of

this section, upon his:

(a) Completion of twenty years of service as a state senator or

assemblyman, which may include service credited under subparagraph (c)

of paragraph eight of subdivision a of this section, or

(b) Completion of at least five years of service as a legislative and

executive member, and

(c) Completion of at least five additional years of creditable

service, and

(d) Attainment of age fifty-five,

by filing an application therefor in a manner similar to that provided

in section seventy of this article.

2. (a) Upon completion of such service and upon retirement, each such

legislative and executive member shall receive a pension for creditable

service prior to April first, nineteen hundred sixty which, together

with an annuity, if any, which shall be the actuarial equivalent of his

accumulated normal contributions attributable to the period prior to

April first, nineteen hundred sixty, and accumulated contributions paid

to receive credit for military service as defined in subparagraph c of

paragraph eight of subdivision a of this section, shall be sufficient to

provide him with a retirement allowance equal to one-fortieth of his

final average salary for each year of such service.

For the purpose only of determining the amount of such pension

provided for in this subparagraph (a), the annuity shall be computed as

it would be if it were not reduced by the actuarial equivalent of any

outstanding loan, and if it were not increased by the actuarial

equivalent of other than normal contributions, and if it were not

reduced by reason of the legislative and executive member's election to

decrease his annuity contributions to the retirement system in order to

apply the amount of such reduction in payment of his contributions for

old age and survivors insurance coverage.

(b) In addition, each such legislative and executive member shall

receive: (1) An additional annuity which shall be the actuarial

equivalent of his accumulated contributions other than those required

pursuant to subparagraph (a) of paragraph two of this subdivision or

made on and after April first, nineteen hundred sixty to this retirememt

system, or to a local pension system in the case of a member who

transfers his membership to this retirement system on and after such

date pursuant to section forty-three of this chapter; and

(2) An additional pension of one-fortieth of such member's final

average salary for each year of creditable service after April first,

nineteen hundred sixty.

3. In no event shall the sum total of the pensions payable under this

section to any member exceed seventy-five per cent of such member's

final average salary.

e. Any legislative and executive member who was a member of this

retirement system pursuant to the provisions of any other section of

this chapter, and/or who was a member of a local pension system and who

receives or received service credit therefor in this retirement system

pursuant to section forty-three of this chapter, and/or who renders or

rendered military service, shall receive full credit under this section

for such service. In addition to credit for military service previously

granted or subsequently granted pursuant to other provisions of this

chapter, credit for military service as defined in subparagraph (c) of

paragraph eight of subdivision a of this section shall be granted upon

payment by the member of both the amount of contributions which such

member would have been required to pay into the annuity savings fund and

the amount which the state would have been required to pay into the

pension accumulation fund if such service had been legislative service

pursuant to section eighty of this chapter. No credit shall be allowed

for military service if, but for the member's failure to avail himself

of the privilege of transfer within the time and in the manner provided

in section forty-three of this article, credit for such service could

have been obtained upon transfer from another retirement system pursuant

to such section, nor shall such credit for military service as defined

in subparagraph (c) of paragraph eight of subdivision a of this section

be allowed if application for such credit is made later than one year

after first becoming a member of the legislative and executive plan set

forth in this section. Such contributions shall be paid in a lump sum or

in such installments as the comptroller shall approve, and shall be

reduced by the amount of applicable contributions, if any, made or

transferred to this retirement system under any section of this chapter

for such service.

f. 1. A legislative and executive member who discontinues service

other than by death or retirement after March thirty-first, nineteen

hundred sixty-eight and who has received credit for service on the basis

of the plan contained in this section for at least ten years and who

does not withdraw his contributions made prior to April first, nineteen

hundred sixty shall be eligible to retire on the date when the member

would have otherwise been eligible to retire pursuant to subdivision d

of this section had he continued in the service covered by this section,

and shall receive a retirement allowance computed in accordance with the

provisions of paragraph two of this subdivision.

2. (a) Such vested retirement allowance shall consist of a pension for

creditable service prior to April first, nineteen hundred sixty which,

together with an annuity, if any, which shall be the actuarial

equivalent of his accumulated normal contributions attributable to the

period prior to April first, nineteen hundred sixty and accumulated

contributions paid to receive credit for military service as defined in

subparagraph c of paragraph eight of subdivision a of this section,

shall be sufficient to provide him with a retirement allowance equal to

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

For the purpose only of determining the amount of such pension

provided for in this subparagraph (a), the annuity shall be computed as

it would be if it were not reduced by the actuarial equivalent of any

outstanding loan, and if it were not increased by the actuarial

equivalent of other than normal contributions, and if it were not

reduced by reason of the legislative and executive member's election to

decrease his annuity contributions to the retirement system in order to

apply the amount of such reduction in payment of his contributions for

old age and survivors insurance coverage.

(b) In addition, such vested retirement allowance shall include:

(1) an additional annuity which shall be the actuarial equivalent of

his accumulated contributions other than those required pursuant to

subparagraph a of paragraph two of this subdivision or made on and after

April first, nineteen hundred sixty, to this retirement system, or to a

local pension system in the case of a member who transfers his

membership to this retirement system on and after such date pursuant to

section forty-three of this chapter, and

(2) an additional pension of one-fortieth of such member's final

average salary for each year of creditable service after April first,

nineteen hundred sixty.

g. 1. Any legislative and executive member, who has vested rights

under subdivision f of this section, who terminates his employment as

lieutenant-governor, comptroller, attorney-general, a senator, an

assemblyman or an annual or session employee of the legislature, and who

obtains other employment in the service of the state, a political

subdivision thereof or a public benefit corporation participating in

this retirement system or maintaining a local pension system from or to

which a person may transfer pursuant to section forty-three of this

chapter, may elect to continue to be a legislative and executive member

and be covered by, and make contributions in accordance with, the

provisions of this section in the same manner as during his period of

service as lieutenant-governor, comptroller, attorney-general, a

senator, an assemblyman or an annual or session employee of the

legislature. In such case, notwithstanding the provisions of item (2) of

subparagraph (b) of paragraph two of subdivision d, and item (2) of

subparagraph (b) of paragraph two of subdivision f, the additional

pension earned under this subdivision g shall be computed by multiplying

the member's final average salary for each such year of service by the

service fraction applicable to the section of this chapter or local

pension system which otherwise would have been applicable to such

member.

2. Notwithstanding any general, special or local law, charter or code,

any such member who makes the election provided in this subdivision

shall not be eligible for membership in the local pension system

maintained by the political subdivision or public benefit corporation by

which he is employed.

3. Every political subdivision or public benefit corporation which

employs any such member shall make contributions to this retirement

system on behalf of such member equal to the amount of contributions

otherwise required of the political subdivision or public benefit

corporation by this retirement system in the case of a participating

employer, or by the local pension system in the case of a

non-participating employer. Such contributions shall be transferred to

this retirement system at such times and in such manner as shall be

prescribed by the comptroller.

h. 1. No member shall be eligible to retire under the provisions of

subdivision d of this section unless he was a legislative and executive

member and/or elected to be continued as a legislative and executive

member pursuant to subdivision g of this section for at least three

years immediately prior to his date of retirement, or was a senator or

assemblyman for at least two years immediately prior to his date of

retirement.

2. No member shall be eligible to retire under the provisions of

subdivision f of this section unless he was a legislative and executive

member and/or elected to be continued as a legislative and executive

member pursuant to subdivision g of this section for at least three

years immediately prior to his discontinuance of service or was a

senator or assemblyman for at least two years immediately prior to his

discontinuance of service.

i. Whenever any death benefit, based upon eligibility for retirement,

is granted by any other provision of this chapter or any other law, any

legislative and executive plan member shall be considered to have been

eligible to retire after the completion of twenty years of creditable

service as defined in this section, including five years as a

legislative and executive member, notwithstanding any other requirement

contained in this section respecting minimum age for retirement.

j. On and after July first, nineteen hundred seventy-three, no person

may elect to be covered under the provisions of this section.

k. The provisions of this section shall be controlling notwithstanding

any provision of this chapter to the contrary.