N.Y. Retirement & Social Security Law § 902: Benefit enhancements

§ 902. Benefit enhancements. a. 1. An eligible employee (i) with a

date of membership in a retirement system prior to July twenty-seventh,

nineteen hundred seventy-six and (ii) who was in active service as of

April first, nineteen hundred ninety-nine and continued in active

service with a public employer up to and including (A) October first,

two thousand or, if earlier, (B) the eligible employee's date of

retirement or death, if applicable, (but no earlier than June first, two

thousand) shall receive one-twelfth of a year of additional retirement

credit for each year of retirement credit for service rendered as of the

date of retirement or death, if applicable, up to a maximum of two years

of retirement credit. Anything in the preceding sentence

notwithstanding, a member of the New York state teachers' retirement

system with a date of membership in such system prior to July

twenty-seventh, nineteen hundred seventy-six (other than a member who

has not rendered at least twenty days of credited service in any plan

year beginning on or after July first, nineteen hundred ninety-two) who

retires or dies, if applicable, on or after June first, two thousand

shall be entitled to receive the additional retirement credit provided

for in such sentence from such system.

2. The additional retirement service credit provided for in paragraph

one of this subdivision shall not apply to (i) an employee who retires

under a retirement plan which allows all members of such plan, without

regard to position, a twenty year service retirement without regard to

age or to (ii) an employee who retires under a retirement plan which

allows for twenty-five year service retirement without regard to age

when it has been determined that the criminal law enforcement service

creditable for such employee is in the aggregate more than fifty per

centum for duties not as a correction officer.

3. Notwithstanding any other provision of law, if the service

retirement benefit of an eligible employee is subject to a maximum

retirement benefit, the additional benefit authorized by this

subdivision shall be computed by multiplying the final average salary

times the number of years of service credit granted by this subdivision

times the benefit fraction of the plan under which the employee retires.

b. 1. An eligible employee (i) with a date of membership in a

retirement system on or after July twenty-seventh, nineteen hundred

seventy-six and before January first, two thousand ten, and (ii) who has

ten or more years of membership or ten or more years of credited service

with a retirement system under the provisions of article fourteen or

fifteen of this chapter shall not be required to contribute to a

retirement system pursuant to section five hundred seventeen or six

hundred thirteen of this chapter as of the cessation date.

2. No contribution made to a retirement system by an eligible employee

prior to the eligible employee's cessation date shall be refunded,

except as otherwise allowable pursuant to article fourteen or fifteen of

this chapter.

3. Nothing in this subdivision shall affect the obligation of an

eligible employee to repay any contributions previously refunded

pursuant to article fourteen or fifteen of this chapter with applicable

interest pursuant to section six hundred forty-five of this chapter in

the event such person rejoins a retirement system. Nothing in this

subdivision shall affect the obligation of an eligible employee to pay

such amounts as may be required by section five hundred seventeen, six

hundred nine or six hundred thirteen of this chapter or by any other

provision of law for service rendered prior to such employee's cessation

date or for service rendered prior to such employee's date of membership

at a time such employee was not a member of a retirement system.

c. The benefit enhancements provided for in this section shall be made

available to all eligible employees of a participating employer in a

retirement system.