{"data":{"id":"us-ny/n.y.-retirement-social-security-law-78","jurisdiction":"us-ny","citation":"N.Y. Retirement \u0026 Social Security Law § 78","heading":"Supplemental retirement allowance","body":"§ 78. Supplemental retirement allowance.  a. A supplemental retirement\nallowance shall be paid to pensioners of the retirement system who have\nretired prior to the calendar year nineteen hundred ninety-four. Such\nsupplemental retirement allowance shall be payable on the basis provided\nfor herein, commencing with a payment for the month of September,\nnineteen hundred ninety-nine and continuing through the month of August,\ntwo thousand.  Said supplemental retirement allowance shall be a\npercentage of the retirement allowance otherwise payable, computed\nwithout optional modification. Said percentage, for each calendar year\nof retirement, is set forth in subdivision b of this section. Said\nsupplemental retirement allowance shall be computed on the basis of the\nfirst fourteen thousand dollars of such annual retirement allowance and\nshall be payable commencing September first, nineteen hundred\nninety-nine to all disability pensioners and recipients of an accidental\ndeath benefit, and to other pensioners who have attained age sixty-two\nor who have been retired for ten or more years and have attained age\nfifty-five.\n  b. in calculating the supplemental retirement allowance in accordance\nwith subdivision a of this section, the following percentages will be\nused for each calendar year of retirement, as appropriate:\nCalendar year of retirement         Percentage\n1993                                1.5\n1992                                1.5\n1991                                1.5\n1990                                1.5\n1989                                2.8\n1988                                3.7\n1987                                4.5\n1986                                5.5\n1985                                6.3\n1984                                7.4\n1983                                8.3\n1982                               10.5\n1981                               12.5\n1980                               15.6\n1979                               19.9\n1978                               25.4\n1977                               30.3\n1976                               37.8\n1975                               42.5\n1974                               54.0\n1973                               73.0\n1972                               86.0\n1971                               96.7\n1970                              105.0\n1969                              141.8\n1968                              169.0\n1967                              195.9\n1966                              203.7\n1965                              230.5\n1964                              254.5\n1963                              278.6\n1962                              310.0\n1961                              330.0\n1960                              340.0\n1959                              390.0\n1958                              427.3\n1957                              442.3\n1956                              460.2\n1955                              468.6\n1954                              466.5\n1953                              470.7\n1952                              475.0\n1951                              486.1\n1950                              532.3\n1949                              540.3\n1948                              532.3\n1947                              583.4\n1946                              681.5\n1945                              746.6\n1944                              765.9\n1943                              780.9\n1942                              834.9\n1941                              936.7\n1940                              988.5\n1939                              996.4\n1938                              980.8\n1937                              958.3\n1936                              996.4\n1935                             1012.4\n1934                             1037.3\n1933                             1072.3\n1932                             1012.4\n1931                              902.6\n1930                              812.5\n  c. The supplemental retirement allowance shall be rounded off to the\nnearest dollar.\n  d. The benefits hereinabove provided for shall be in lieu of the\nbenefits presently provided by articles four and six of this chapter\nunless such benefits are in excess of those provided by this section, in\nwhich latter case such benefits shall be paid by the retirement system\npursuant to this section.\n  e. Contributions shall be made to the pension accumulation fund by, or\non account of, the state and each participating employer at a rate fixed\nby the actuary, which shall be computed to be sufficient to provide the\nbenefits established by this section.\n  f. The supplemental retirement allowance authorized by this section\nshall also be paid in the same manner set forth above to a person\nsixty-two years of age or older who is retired, or any person retired\nfor disability regardless of age, or any spouse qualifying pursuant to\nsubdivision h of this section, and who receives, as a result, a\nretirement allowance or pension from any state administered and operated\nretirement or pension plan or system, not including, however, the New\nYork state teachers retirement system.\n  g. The cost of providing supplemental retirement allowance payments\npursuant to subdivision f of this section shall be paid from the pension\naccumulation fund.\n  h. Notwithstanding any other provision of law, (i) the spouse of a\ndeceased pensioner, who had elected one of the options pursuant to this\nchapter which provides that benefits are to be continued for the life of\nsuch spouse after the death of the pensioner, or (ii) the spouse of a\ndeceased pensioner who had provided pursuant to a closed local pension\nplan which was subsequently assumed by the state, that benefits are to\nbe continued for the life of such spouse after the death of the\npensioner, shall be entitled to receive a monthly supplemental\nretirement allowance pursuant to this subdivision. Said monthly\nsupplemental retirement allowance shall be equal in amount to one-half\nof the monthly supplemental retirement allowance which the pensioner\nwould be receiving if living, and shall commence upon the death of the\npensioner.","path":["Retirement \u0026 Social Security Law","Article 2. New York State Employees' Retirement System","Title 8. General Provisions Relating to Retirement; Retirement Plans Applicable to Members Generally"],"source_url":"https://legislation.nysenate.gov/api/3/laws/RSS/78","current_through":"2026-09-11","vintage":"","retrieved_at":"2026-09-14T19:32:45Z","sha256":"0c005d7e7bbe116df3c8b9606225eb894140917b1f8d7b7551005267dee02bb4","source_id":"us-ny","stale":false,"prev":"us-ny/n.y.-retirement-social-security-law-77","next":"us-ny/n.y.-retirement-social-security-law-78-a"},"notice":"GroundRules: Original legal text. Not legal advice."}