N.Y. Retirement & Social Security Law § 911: Benefit enhancements

§ 911. Benefit enhancements. a. 1. An eligible member other than a

member of the New York city teachers' retirement system (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 on June

first, two thousand and continued in active service until October 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, vesting, transfer or death, if

applicable, up to a maximum of two years of retirement credit. Such

additional credit shall be available for all purposes, including

fulfilling the qualifying service requirements of Plans A and C, if

applicable.

2. An eligible member who is a member of the New York city teachers'

retirement system (i) with a date of membership prior to July

twenty-seventh, nineteen hundred seventy-six and (ii) who was in active

service on October first, two thousand and (A) continued in active

service up to and including June thirtieth, two thousand one, 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, vesting, transfer or death, if applicable, up to a maximum

of one year of retirement credit or (B) continued in active service up

to and including June thirtieth, two thousand two, 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,

vesting, transfer or death, if applicable, up to a maximum of two years

of retirement credit. No eligible member shall receive more than two

years of retirement credit pursuant to this section. Such additional

credit shall be available for all purposes, including fulfilling the

qualifying service requirements of Plan A or C, if applicable.

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

retirement benefit of an eligible member is subject to a maximum

retirement benefit, including any limitation imposed by section four

hundred forty-four of this chapter, the additional benefit authorized by

this subdivision shall be computed by multiplying the pensionable salary

base 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. Subject to the provisions of paragraph one-a of this

subdivision, and except as provided in paragraph one-b of this

subdivision, an eligible member (i) with a date of membership in a

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

seventy-six 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.

1-a. Notwithstanding the provisions of paragraph one of this

subdivision or any other provision of law to the contrary, and except as

provided in paragraph one-b of this subdivision, a member of the New

York city teachers' retirement system or the New York city board of

education retirement system:

(i) who is a twenty-seven year participant in the age fifty-five

retirement program (as defined in paragraph twelve of subdivision a of

section six hundred four-i of this chapter), and

(ii) who becomes subject to the provisions of article fifteen of this

chapter after the effective date of this paragraph, shall contribute to

a retirement system pursuant to section six hundred thirteen of this

chapter until he or she has completed twenty-seven years of credited

service.

1-b. The provisions of this subdivision shall not apply to a New York

city uniformed correction/sanitation revised plan member (as defined in

subdivision twenty-five of section five hundred one of this chapter), an

investigator revised plan member (as defined in subdivision twenty-seven

of section five hundred one of this chapter) or a New York city revised

plan member (as defined in subdivision m of section six hundred one of

this chapter).

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

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

as otherwise allowable pursuant to article fourteen or fifteen of this

chapter.

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

eligible member to repay any contributions previously refunded pursuant

to article fourteen, fifteen or fifteen-D of this chapter in the event

such person rejoins a retirement system. Nothing in this subdivision

shall affect the obligation of an eligible member 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 member's date of membership at a time

such member was not a member of a retirement system.