Title RSS, Retirement & Social Security

Section 1. Short title of chapter. This chapter shall be known and\nmay be cited as the "Retirement and Social Security Law".\n

§ 10. The retirement system continued; a corporation. The retirement system, as established by chapter seven hundred forty-one of the laws of nineteen hundred twenty, as amended, is hereby continued. Such system shall continue to have the powers and privileges of a corporation a…

§ 100. Payment of retirement allowances. Retirement allowances shall be payable on the first day of each and every month beginning on the first day of the month following the effective date of retirement. Upon the death of a retired member, however, the retirement allowance due …

§ 1000. Military service credit. Notwithstanding any law to the\ncontrary, a member of a public retirement system of the state, as\ndefined in subdivision twenty-three of section five hundred one of this\nchapter, shall be eligible for credit for military service as\nhereinafter…

§ 101. Reduction or suspension of benefits. a. If a retired member,\nreceiving a retirement allowance for other than physical disability,\nreturns to active public service, except as otherwise provided in this\nsection or section two hundred eleven or two hundred twelve of this\…

§ 102. Recovery of disability beneficiaries. a. Once each year\nfollowing the retirement of a member on a disability allowance, the\ncomptroller may, and, upon the beneficiary's application, shall require\nsuch disability beneficiary to undergo a medical examination. Such\nexami…

§ 109. Abandonment of unclaimed contributions; payment to the pension accumulation fund. a. After at least five years have elapsed since the separation from service of a member who has not vested, for any cause other than death or retirement, the comptroller shall send a stateme…

§ 109-a. Abandonment of amounts payable to beneficiaries; payment to the pension accumulation fund. a. After at least one year has elapsed since a benefit has become payable to the beneficiary or estate of a retiree or member and such beneficiary or estate has failed to apply fo…

§ 11. Duties of comptroller; the actuary. a. The comptroller shall be\nthe administrative head of the retirement system. Subject to the\nlimitations of this article and of law, he shall adopt and may amend,\nfrom time to time, rules and regulations for the administration and\ntr…

§ 110. Exemption from taxes and legal process. The right of a person\nto a pension, a pension-providing-for-increased-take-home-pay, an\nannuity or a retirement allowance, to the return of contributions, the\npension, the pension-providing-for-increased-take-home-pay, annuity, o…

§ 110-a. Deduction of group plan insurance or medicare premiums from benefits. Notwithstanding anything to the contrary contained in section one hundred ten of this act, the comptroller is hereby authorized to deduct from the retirement allowance of any retired member, such amou…

§ 110-b. Deduction of dues and insurance premiums from benefits of\ncertain retired members. Notwithstanding any other provision of law to\nthe contrary and subject to the provisions of a collective negotiating\nagreement between the state and an employee organization representi…

§ 110-c. Deductions from benefits of certain retired members. Notwithstanding any other provision of law, a retired member shall have the right, at any time after the retiree's retirement, to execute and file a deduction authorization card with the comptroller authorizing the de…

§ 110-d. Deductions for federated community campaigns. Notwithstanding\nany other provision of law, the comptroller is hereby authorized to\ndeduct from the retirement allowance of any retired member of the state\nsuch amount as such retired member may specify in writing filed w…

§ 1100. Lump sum option at retirement. Certain eligible members of the\nNew York state and local police and fire retirement system, and\nsheriffs, undersheriffs, deputy sheriffs and correction officers, who\nare employed in a county which makes an election pursuant to this\nsect…

§ 111. Protection against fraud. a. Any person who shall: 1. Knowingly make any false statement, or 2. Falsify or permit to be falsified any record of the retirement system, in any attempt to defraud such system as the result of such act shall be guilty of a misdemeanor. b. Any …

§ 111-a. Bonds required in certain cases. a. In any case where, by order of a court of competent jurisdiction, the retirement system is required to pay over a benefit which is payable in installments and which is predicated upon the life of a beneficiary, to a payee other than t…

§ 112. Limitation of other statutes. a. No other provision of law in any other statute which provides wholly or partly at the expense of the state or of a participating employer for pensions, retirement benefits, emoluments or awards for employees in government service, their wi…

§ 113. Creation or modification of local retirement systems prohibited. a. No municipality, after April twelfth, nineteen hundred twenty-two, shall create any retirement system for its officers or employees. b. Notwithstanding any inconsistent provisions of any general, special …

§ 113-a. Suspension of state and local provisions requiring termination of service or retirement on account of age. In the case of persons who have not attained eligibility for the payment of benefits under the federal old-age and survivors insurance law, the provisions of any g…

§ 114. Retirement of certain state employees. All state employees, except teachers in the state college for teachers and the state normal schools and teachers in the state agricultural and industrial school who shall be considered as teachers subject to the provisions of article…

§ 115. Teachers employed in institutions for the deaf, mute and blind. Notwithstanding the provisions of sections six and seven of chapter five hundred and sixty-eight of the laws of nineteen hundred twenty-one, the provisions of chapter four hundred and forty-one of the laws of…

§ 116. Certain pensions continued. The pensions of all pensioners\ndrawing pensions under the provisions of any law repealed by chapter\nfive hundred and sixty-eight of the laws of nineteen hundred twenty-one,\non June thirtieth of the year in which such law was repealed, shall …

§ 117. Legislative intent. In so far as this article, as added by chapter eight hundred forty-one of the laws of nineteen hundred forty-seven, as amended by chapter five hundred three of the laws of nineteen hundred forty-eight, as amended by chapter six hundred forty-eight of t…

§ 118. References in laws and documents. Reference in any general, special or local law, rule, regulation or public document to an existing article, section, subdivision or other provision of article four or article five of the civil service law, as in force immediately prior to…

§ 119. Separability clause. If any clause, sentence, paragraph, section or part of this article, as originally added by chapter eight hundred forty-one of the laws of nineteen hundred forty-seven, or as amended or supplemented heretofore or hereafter, shall be adjudged by any co…

§ 12. Classification of members. a. It shall be the duty of the head\nof each department of the state government, and of the chief fiscal\nofficer of each participating employer, at the request of the\ncomptroller, to submit to him a statement showing the name, title,\ncompensat…

§ 1200. Definitions. For purposes of this article the terms: a. "Member" shall mean a person who is employed as a police officer or firefighter by any employer who first joins the retirement system on or after January first, two thousand ten. b. "Retirement system" shall mean th…

§ 1201. Applicability. Notwithstanding any provision of law to the contrary, the provisions of this article shall be applicable to all employees in the retirement system who first joined such system on or after January first, two thousand ten.

§ 1201-a. Retirement plan. Notwithstanding any other law to the contrary, members who first become members of the New York state and local police and fire retirement system on or after January first, two thousand fifteen and are employed by an employer who has elected the benefi…

§ 1202. Vesting. a. In order to qualify for a service retirement\nbenefit, members subject to the provisions of this article must have a\nminimum of five years of creditable service.\n b. In computing the years of total creditable service of a member,\nfull credit shall be given…

* § 1203. Overtime. A member's final average salary shall be calculated in accordance with such provisions of article eight or article eleven of this chapter as govern the member's benefits, except that earnings classified as overtime compensation in an amount in excess of fifte…

§ 1204. Member contributions. Members who are subject to the provisions of this article shall contribute three percent of annual wages to the retirement system in which they have membership, except that beginning April first, two thousand thirteen for members who first become me…

* § 1204-a. Pick up of member contributions by employer. a.\nNotwithstanding any other provision of law, each participating employer\nshall pick up the member contributions required to be made under section\ntwelve hundred four of this article by its employees and shall do so by…

§ 1205. Recalculation of benefits. Notwithstanding any other provision of law, any member who has joined the retirement system pursuant to the provisions of article fourteen of this chapter on or after July first, two thousand nine may elect to have his or her retirement benefit…

§ 1206. Conflicting provisions. Except as otherwise provided in this article, or in conflict therewith, the provisions of article eleven of this chapter, including any plan that has been elected by the employer or is otherwise applicable under article eight of this chapter shall…

§ 1207. Loans to members. a. 1. Notwithstanding any general, special\nor local law to the contrary, a member in active service who has credit\nfor at least one year of member service may borrow, no more than once\nwithin each twelve month period, an amount not exceeding seventy-…

§ 1209. Final average salary. a. For members who first become members of the New York state and local police and fire retirement system on or after April first, two thousand twelve, a member's final average salary shall be equal to one-fifth of the highest total wages earned by …

§ 1210. Wages. For members who first become members of the New York\nstate and local police and fire retirement system on or after April\nfirst, two thousand twelve, the following items shall not be included in\nthe definition of wages: a. wages in excess of the annual salary pa…

§ 13. Management of funds. a. The funds of the retirement system shall\nbe managed in accordance with this section.\n b. The comptroller shall be trustee of the several funds of the\nretirement system. Such funds shall be invested by the comptroller in\nsecurities in which he is…

§ 130. This article shall be known and may be cited as the "New York State Social Security Act. "

§ 130-a. Declaration of policy. The legislature hereby determines that (1) employees of the state and its political subdivisions, their survivors and dependents, are entitled to the basic protection provided by the federal old-age and survivors insurance system, (2) such protect…

§ 1300. Definitions. The following words and phrases as used in this article shall have the following meanings unless a different meaning is plainly required by the context: a. "Retirement system" shall mean the New York state and local employees' retirement system and the New Y…

§ 1301. Election of benefit enhancements. a. The state of New York may elect to provide its employees the benefit enhancements provided for in section thirteen hundred two of this article. b. A separate election to provide benefit enhancements pursuant to subdivision a of this s…

§ 1302. Benefit enhancements. Notwithstanding any other law to the contrary, eligible employees shall be permitted to retire, without penalty, upon reaching age fifty-seven and completing at least thirty years of credited service. Employees retiring pursuant to this section shal…

§ 1303. Additional member contributions. Upon election by the state of New York, the retirement system shall require additional member contributions to be paid by all eligible employees. The additional member contributions to be paid by eligible employees shall be of a level so …

§ 1304. Election not collectively bargained. The determination to make an election in accordance with this article shall not be deemed to be, or to relate to or affect, a term and condition of employment within the meaning of article fourteen of the civil service law or any loca…

§ 131. Definitions. As used in this article, the following terms shall mean and include: 1. "Political subdivision." A public corporation (other than a public corporation created pursuant to agreement or compact with another state or states), improvement district, and any other p…

§ 1310. Definitions. The following words and phrases as used in this article shall have the following meanings unless a different meaning is plainly required by the context: a. "Retirement system" shall mean the New York state and local employees' retirement system and the New Y…

§ 1311. Election of benefit enhancements. a. The state of New York may elect to provide employees who hold a position represented by the recognized collective bargaining units affiliated with the New York state united teachers employee organization as certified by his or her emp…