Title RSS, Retirement & Social Security

§ 322. Members' contributions and their use; annuity reserve fund. a.\nThe annuity reserve fund shall be the fund from which shall be paid all\nannuities and all benefits in lieu of annuities, payable pursuant to\nthis article.\n b. Upon retirement, a member's accumulated contri…

§ 323. Employers' contributions and their use; pension accumulation\nfund. a. Except as otherwise provided pursuant to this article, the\npension accumulation fund shall be the fund in which shall be\naccumulated:\n 1. All contributions made by employers, and\n 2. All income rec…

§ 323-a. Statement of intent. a. This legislation is intended to\nstrengthen the long-term fiscal health of the retirement system, to\nreduce the volatility of contribution rates and to provide budget\ncertainty for participating employers by addressing current structural\nprobl…

§ 324. Employers' contributions and their use; pension reserve fund.\na. The pension reserve fund shall be the fund from which shall be paid\nall pensions and all other benefits, except ordinary death benefits,\npayable wholly out of contributions made to the pension accumulatio…

§ 33. Election of certain optional retirement benefits by\nparticipating employers. By the adoption, filing and approval, where\nrequired, of a resolution in the manner provided by section thirty,\nsection thirty-one or section thirty-two of this article, a\nparticipating employ…

§ 330. Participation by municipalities. a. Every municipality\n(exclusive of those maintaining a local pension system for all its\npolice officers and firefighters) employing police officers and\nfirefighters must participate in the police and fire retirement system,\nand such p…

§ 331. Participation by public or quasi-public organizations. a. Any\npublic or quasi-public organization which heretofore joined the New York\nstate and local employees' retirement system, on behalf of its police\nofficers and firefighters, shall on and after April first, ninet…

§ 333. Election of certain optional retirement benefits by\nparticipating employers. By the adoption, filing and approval, where\nrequired, of a resolution in the manner provided by section three\nhundred thirty or section three hundred thirty-one of this article, a\nparticipati…

§ 334. Reporting of service and salary information. The comptroller\nshall adopt rules and regulations, which shall have the force and effect\nof law, for the reporting of service and salary information for all\nemployees of participating employers. The chief fiscal officer of e…

§ 34. Reporting of service and salary information. The comptroller\nshall adopt rules and regulations, which shall have the force and effect\nof law, for the reporting of service and salary information for all\nemployees of participating employers. The chief fiscal officer of ea…

§ 340. Membership of the police and fire retirement system. a. After\nthe effective date of this article, each person who becomes a member of\nthe New York state and local police and fire retirement system shall\nfile a duly executed application with the comptroller. Such applic…

§ 341. Allowances for service. a. Generally. Subject to all provisions\nof law appertaining thereto and to such reasonable rules and regulations\nas the comptroller shall adopt or amend in pursuance thereof, he shall\ndetermine and may modify allowances for service and shall iss…

§ 342. Payments for credit for service for the federal government or\ncertain public authorities or corporations. a. The payments required by\nthis section shall be made by:\n 1. Members who elect to continue their membership pursuant to\nsubdivision d of section three hundred f…

§ 343. Transfer of members between systems. a. Notwithstanding any\nother provision of law providing for transfers, any member of any\nretirement system maintained by the state or a municipality thereof,\noperating on a sound financial basis and subject to the supervision of\nth…

§ 350. Loans. a. The following may borrow from the police and fire\nretirement system:\n 1. Any member in government service or on leave of absence who has\ncredit for at least one year of member service, provided the comptroller\nshall approve such loan. The total of any such l…

§ 351. Refunds and withdrawals. a. A member under age sixty may\nwithdraw his accumulated contributions if he has been separated from\nservice for a period of at least fifteen days.\n b. A member sixty years of age or over, may elect, not later than\nfifteen days after filing hi…

§ 360. Ordinary death benefit. a. An ordinary death benefit plus the\nreserve-for-increased-take-home-pay shall be payable upon the death of a\nmember who:\n 1. Died before the effective date of his retirement, and\n 2. Was in service upon which his membership was based when he …

§ 360-a. Guaranteed ordinary death benefit payable upon death of state\nemployees. a. Upon the death in service of a member who was in the\nemploy of the state on March thirty-first, nineteen hundred sixty-nine,\nand whose beneficiary was eligible for the ordinary death benefit\…

§ 360-b. Guaranteed ordinary death benefit for participating\nemployers. (a) Pursuant to the provisions of section three hundred\nthirty-three of this article, a participating employer may elect to\nprovide a guaranteed ordinary death benefit upon the death in service of\nits em…

§ 360-c. Death benefit for vested members who die prior to retirement.\na. A death benefit plus the reserve-for-increased-take-home-pay shall be\npayable upon the death of a member who:\n 1. Died before the effective date of retirement while a member of the\nretirement system;\n…

§ 361. Accidental death benefit. a. An accidental death benefit and\nthe reserve-for-increased-take-home-pay shall be payable upon the death\nof a member if, upon application, filed within five years after the\ndeath of such member the comptroller shall determine, on the basis o…

* § 361-a. Special accidental death benefit. a. Notwithstanding any\nother provision of law, a widow or widower or the deceased member's\nchildren under the age of eighteen or, if a student, under the age of\ntwenty-three, if the widow or widower has died who is or are receiving…

* § 361-a. Payment of interest on death benefits and accumulated\nmember contributions. Interest shall accrue against unpaid accidental\nand ordinary death benefits plus the reserve-for-increased-take-home-pay\nfrom the date of death of a member until payment thereof is made.\nI…

§ 362. Ordinary disability retirement. a. Application for an ordinary\ndisability retirement allowance for a member may be made by:\n 1. Such member, or\n 2. The head of the department in which such member is employed, or\n 3. Some person acting on behalf of and authorized by su…

§ 363. Accidental disability retirement. a. A member shall be entitled\nto an accidental disability retirement allowance if, at the time\napplication therefor is filed, he is:\n 1. Physically or mentally incapacitated for performance of duty as the\nnatural and proximate result …

* § 363-a. Firefighters and police officers; certain disabilities. 1.\nNotwithstanding any provision of this chapter or of any general,\nspecial, or local law to the contrary, any condition of impairment of\nhealth caused by diseases of the heart, resulting in disability or deat…

§ 363-b. State police disability retirement allowance. a. Every member\nor officer of the division of state police in the executive department\nwho becomes physically or mentally incapacitated for the performance of\nduty prior to July first, nineteen hundred seventy-four, shall…

§ 363-bb. State police accidental disability retirement allowance. a.\nA member may elect to receive an accidental disability retirement\nallowance as provided under this section in lieu of the benefits\nprovided under section three hundred sixty-three-b of this title if, at\nth…

§ 363-c. Retirement for disability incurred in performance of duty. a.\nAfter January first, nineteen hundred eighty-five, a member who becomes\nphysically or mentally incapacitated for the performance of duty shall\nbe covered by the provisions of this section in lieu of the pr…

§ 363-d. Certain impairments of health; presumption. Notwithstanding\nany other provisions of this chapter to the contrary, any (i) melanoma\nor (ii) condition of cancer affecting the lymphatic, digestive,\nhematological, urinary, neurological, breast, reproductive,\nendocrine/t…

§ 363-dd. Impairments of health; presumption. Notwithstanding any\nprovision of this chapter or of any general, special or local law to the\ncontrary, any police officer or firefighter who is covered by the\nprovisions of section three hundred sixty-three of this title and who\n…

§ 363-e. Disability retirement allowance for members of the division\nof law enforcement in the department of environmental conservation and\nthe regional state park police.\n a. Every non-seasonally appointed sworn member or officer of the\ndivision of law enforcement in the de…

* § 363-f. Firefighters; presumption in certain diseases.\nNotwithstanding any provision of this chapter or of any general, special\nor local law to the contrary, and for the purposes of this chapter, any\ncondition of impairment of health caused by diseases of the lung,\nresult…

§ 363-ff. Firefighter certain impairments of health; presumption.\nNotwithstanding any other provisions of this chapter to the contrary,\nany condition of impairment of health caused by Parkinson's Disease,\nresulting in total or partial disability or death to a paid firefighter…

§ 364. Payment of both pensions for accident and other benefits\nprohibited. a. If any benefits under the workers' compensation law may\nbe or become payable as the result of accidental disability or\naccidental death, no payment of any benefit shall be made pursuant to\nthis ar…

§ 370. Superannuation retirement. a. Any member may retire if such\nmember shall have attained at least the minimum retirement age while in\nservice as a member, or while in federal service, or in the service of\nthe United Nations or other international organizations of which t…

§ 370-a. Pensions-for-increased-take-home-pay. a. Beginning with a\npayroll period commencing as specified by a participating employer\nelecting to contribute pursuant to the provisions of this section the\ncontribution of each member of the police and fire retirement system in\…

§ 371. Optional retirement at age fifty-five; alternative plan. a. Any\nmember of the police and fire retirement system, who, while a member of\nthe state employees' retirement system, elected to contribute on a basis\nof retirement at age fifty-five pursuant to section seventy-…

§ 371-a. Optional retirement at age fifty-five; new plan. a. Any\nmember of the police and fire retirement system, who has not by\nvoluntary election on or after April first, nineteen hundred sixty-seven\nwithdrawn the excess contributions authorized by subdivision d of this\nse…

§ 372. Optional retirement at age fifty-five; closed plan. a. Any\nmember of the police and fire retirement system who, while a member of\nthe state employees' retirement system, elected to contribute on a basis\nof retirement at age fifty-five pursuant to the provisions of sect…

§ 373. Discontinued service after twenty years. a. Persons who last\nbecame members of the New York state and local employees' retirement\nsystem before April eighth, nineteen hundred forty-three and became\nmembers of the police and fire retirement system on or after April\nfir…

§ 374. Procedure for retirement. a. Every application for a retirement\nallowance or other benefit provided by this article shall be executed\nand filed with the comptroller. Each such application shall contain such\ninformation as the comptroller shall deem necessary.\n b. The …

§ 374-a. Applications and elections; issues due to death.\nNotwithstanding any other law, rule or regulation to the contrary, in\nthe event a member dies prior to receipt by the comptroller or the\nretirement system of his or her application for service retirement,\ndisability r…

§ 375. Allowance on superannuation retirement. a. Except as otherwise\nprovided by subdivisions b, c or d of this section, upon retirement for\nsuperannuation or for any other cause after attainment of age sixty, a\nmember shall receive a retirement allowance which shall consist…

§ 375-a. Non-contributory retirement plan for state employees. a.\nNotwithstanding any other provision of law to the contrary, no further\ncontributions to the retirement system, as provided in subdivision b of\nsection three hundred twenty-one of this chapter, shall be required…

§ 375-b. Non-contributory retirement plan for members of participating\nemployers. a. Notwithstanding any other provision of law to the\ncontrary, no further contributions to the retirement system as provided\nin subdivision b of section three hundred twenty-one of this chapter,…

§ 375-c. Non-contributory retirement plan benefits. a. In addition to\nany retirement allowance to which a member may be entitled for services\nrendered at any time other than expressly provided for herein, any\nmember covered by the provisions of sections three hundred\nseventy…

§ 375-d. Guaranteed retirement benefits for state employees. a. 1. A\nmember of the retirement system in the employ of the state on or after\nJanuary first, nineteen hundred sixty-eight and prior to April first,\nnineteen hundred sixty-eight who retires from such employ on or af…

§ 375-e. Guaranteed retirement benefits for employees of participating\nemployers. a. By the adoption, filing and approval, where required, of\na resolution in a manner provided by section three hundred thirty or\nthree hundred thirty-one of this chapter, as the case may be, a\n…

§ 375-f. Career retirement plan for state employees. a. (1) A member\nof the retirement system in the employ of the state who retires while in\nsuch employ on or after April first, nineteen hundred sixty-nine, and\nwho is entitled to a service retirement benefit pursuant to sect…