2006 New York Code - Retirement Allowances; For Service.

 
    § 13-172  Retirement allowances; for service.  a.  Upon retirement for
  service  a  member  shall  receive  a  retirement  allowance which shall
  consist of:
    1.  An annuity which shall be the actuarial equivalent of his  or  her
  accumulated  deductions,  if any, at the time of his or her  retirement;
  and
    2.  A pension, in addition to his or her  annuity, if any, which shall
  be equal to one service-fraction of his or her   final compensation,  as
  enumerated  he  or  she  rein  for his or her   group, multiplied by the
  number of years of city-service since he or she   last became  a  member
  credited to him or her; and
    2-a.      A   pension   which  is  the  actuarial  equivalent  of  the
  reserve-for-increased-take-home-pay to which he or  she    may  then  be
  entitled, if any; and
    3.     An  additional  pension  which  shall  be  equal  to  two  such
  service-fractions of his or her final  compensation  multiplied  by  the
  number of years of his or her prior service; and
    4.    An additional pension, equal to the difference between each such
  service-fraction and one one-hundred-twentieth, provided that
    (a)  On or before the thirtieth day of June, nineteen hundred  thirty,
  by  his  or  her   written election duly acknowledged and filed with the
  board, the member consented to the necessary deductions from his or  her
  compensation therefor; or
    (b)    On  or  after  July  first,  nineteen hundred thirty, he or she
  elected age fifty-five pursuant to section 13-164 of this chapter; and
    5.  An additional pension which shall be the actuarial  equivalent  of
  any  and all contributions by him or her  to any other retirement system
  or pension fund
    (a)  Which have not been and cannot be lawfully  refunded  to  him  or
  her, and
    (b)  Which are offset by reduction of the amount payable to such other
  retirement  system  or  pension fund directly or indirectly by the city,
  provided such  member  shall  have  paid  deductions  from  his  or  her
  compensation  for  so  much  of such period on or after the first day of
  October, nineteen hundred twenty, as he or she may receive credit for in
  this retirement system.
    (c)  The amount of pension liability of the city on  account  of  such
  additional  pension  shall be appropriated by the city in the budget for
  the second year succeeding the determination of such liability and  paid
  into the appropriate fund of the retirement system.
    6.    A  pension,  in lieu of any other pension provided for the years
  allowable service rendered  on  or  after  the  first  day  of  October,
  nineteen  hundred  twenty,  of  one  per  centum  of  his or her   final
  compensation multiplied by the number of such years, provided  that,  if
  the  member  shall  have  duly  executed  and filed his or her   written
  application, with the board,  on  or  before  the  thirty-first  day  of
  August,  nineteen  hundred  sixty-two,  or,  after such date, before any
  deduction shall have been made from his or her  compensation for annuity
  purposes, the member shall have consented to  the  necessary  deductions
  from  his  or her  compensation for a like annuity, and for the right to
  retire at age fifty-five.   The method  of  computation  and  deductions
  prescribed by this paragraph shall be appropriately modified in the case
  of  a  member  for  whom  a  rate is otherwise fixed pursuant to section
  13-152 of this chapter.
    7.   (a)   A pension computed  pursuant  to  the  provisions  of  this
  paragraph  seven, in lieu of any other pension provided for the years of
  allowable service rendered  on  or  after  the  first  day  of  October,
  nineteen hundred twenty, in the case of any member whose minimum service


  retirement  age,  under  the  applicable  provisions of this chapter, is
  fifty-five years and who is entitled, under the applicable provisions of
  this chapter, to payment of a pension pursuant to this  paragraph  seven
  upon his or her  retirement for service.
    (b)    Such  pension  computed pursuant to this paragraph seven shall,
  subject to the provisions of paragraph two of subdivision e  of  section
  13-638.4 of this title, consist of the following:
    (i)    for the years of such member's allowable service rendered on or
  after the first day of October, nineteen hundred  twenty  and  prior  to
  July first, nineteen hundred sixty-eight, a pension equal to the product
  obtained  by  multiplying the number of such years by one and two-tenths
  per centum of such member's annual salary or  compensation  earnable  by
  him  or  her    for  city-service  in  the  year  prior  to  his  or her
  retirement; provided, however, that if such member shall elect, pursuant
  to subdivision fifty-eight of section 13-101 of this chapter, that  such
  pension  be  computed  on  the  basis of his or her   three-year-average
  compensation, then such pension for such years shall instead be equal to
  the product obtained by multiplying the number of such years by one  and
  two-tenths  per centum of such member's three-year-average compensation;
  and
    (ii)  for the years of such member's allowable service rendered  after
  June  thirtieth,  nineteen  hundred  sixty-eight, a pension equal to the
  product obtained by multiplying the number of  such  years  by  one  and
  fifty-three  one-hundredths per centum of such member's annual salary or
  compensation earnable by him or her  for city-service in the year  prior
  to  his or her  retirement; provided, however, that if such member shall
  elect, pursuant to subdivision fifty-eight of  section  13-101  of  this
  chapter,  that  such  pension  be  computed  on  the basis of his or her
  three-year-average compensation, then such pension for such years  shall
  instead  be  equal  to the product obtained by multiplying the number of
  such years by one and fifty-three  one-hundredths  per  centum  of  such
  member's three-year-average compensation.
    8.    (a)   As used in this paragraph eight, the following terms shall
  mean and include:
    (1)  "Career pension plan beneficiary."   A  beneficiary  entitled  to
  recomputation  of  his or her  retirement allowance pursuant to item one
  of subparagraph (b) of this paragraph eight.
    (2)  "Fifty-five-year-increased-service-fraction  beneficiary".      A
  beneficiary  entitled  to  recomputation  of  his  or  her    retirement
  allowance pursuant to item two of subparagraph  (b)  of  this  paragraph
  eight.
    (b)    Notwithstanding any other provision of law to the contrary, the
  benefits payable by reason of the retirement of  a  member  for  service
  shall  be  recomputed pursuant to the provisions of this paragraph eight
  and payment of such recomputed benefits shall be made in the manner  and
  to  the  extent  prescribed  in  this paragraph, in lieu of the benefits
  which would otherwise be payable by reason of such  retirement,  in  the
  following cases:
    (1)  With respect to any beneficiary:
    (i)    whose retirement for service became effective during the period
  beginning on January first, nineteen hundred sixty-eight and  ending  on
  June thirtieth, nineteen hundred sixty-eight; and
    (ii)    who,  immediately  prior  to  the effective date of his or her
  retirement, held a career pension plan position; and
    (iii)  who, at the time of his or her   retirement, had  attained  the
  age of fifty-five years and had completed twenty-five years of allowable
  service in one or more career pension plan positions; and


    (iv)    who, on July first, nineteen hundred sixty-eight, is a retired
  former member entitled  to  receive  a  retirement  allowance  from  the
  retirement system; and
    (2)  With respect to any beneficiary:
    (i)    whose retirement for service became effective during the period
  beginning on January first, nineteen hundred sixty-eight and  ending  on
  June thirtieth, nineteen hundred sixty-eight; and
    (ii)    who,  immediately  prior  to  the effective date of his or her
  retirement, held a career pension plan position; and
    (iii)  who, at the time of his or her   retirement, had  attained  the
  age  of  fifty-five years, but had completed less than twenty-five years
  of allowable service in one or more career pension plan positions; and
    (iv)  who, on July first, nineteen hundred sixty-eight, is  a  retired
  former  member  entitled  to  receive  a  retirement  allowance from the
  retirement system.
    (c)  There shall be computed, with respect to the retirement  of  each
  career  pension plan beneficiary, the retirement allowance to which such
  beneficiary would be entitled under the provisions of section 13-162  of
  this  chapter,  relating to the career pension plan, if (1) such section
  had  been  in  effect  prior  to  the  effective  date  of  his  or  her
  retirement, and (2) he or she  had elected the benefits thereof prior to
  such  effective date, and (3) he or she  had retired as a career pension
  plan member on such effective date.
    (d)  There shall be computed, with respect to the retirement  of  each
  fifty-five-year-increased-service-fraction  beneficiary,  the retirement
  allowance  to  which  such  beneficiary  would  be  entitled  under  the
  foregoing provisions of this section, if (1) the provisions of paragraph
  seven  of  subdivision a of this section had been in effect prior to the
  effective date of his or her  retirement, and (2) such  beneficiary  had
  been  entitled  to  computation  of a pension pursuant to such paragraph
  seven for the years of his or her  allowable service mentioned  in  such
  paragraph.
    (e)  Subject  to  the  provisions of paragraph two of subdivision e of
  section 13-638.4 of this title, the retirement allowances  provided  for
  by  paragraphs  (c) and (d) of this paragraph eight shall be computed on
  the basis of the retired member's salary or compensation earnable by him
  or her for city-service in the year prior to his or her retirement.
    (f) (1) If, with respect to the retirement of any career pension  plan
  beneficiary  or  fifty-five-year-increased-service-fraction beneficiary,
  the period during which selection of  an  option  was  authorized  under
  section  13-177  of  this chapter expired on a date prior to July first,
  nineteen hundred sixty-eight, under the applicable provisions of law  in
  effect  prior  to  such  July  first,  no re-election of or change of an
  option with respect to such retirement shall be made after such date  of
  expiration.
    (2)  If such period for selection of an option did not expire prior to
  July   first,   nineteen   hundred  sixty-eight,  under  the  applicable
  provisions of law in effect prior to such July first,  then  the  period
  for  the  selection  of  an option with respect to such retirement shall
  expire on the date on which the first payment on account of any  benefit
  is  made  in  relation  to such retirement, whether such payment is made
  under the applicable provisions of law in effect prior  to  July  first,
  nineteen  hundred  sixty-eight or under the provisions of this paragraph
  eight.
    (g)  (1)  The retirement allowance to which any  career  pension  plan
  beneficiary  or  fifty-five-year-increased-service-fraction  beneficiary
  became entitled as of the effective date of  his  or  her    retirement,
  under  the applicable provisions of law then in effect, shall be paid to


  such beneficiary for the period from  such  effective  date  up  to  and
  including June thirtieth, nineteen hundred sixty-eight.
    (2)  For any period beginning on or after July first, nineteen hundred
  sixty-eight,  there  shall  be  paid  to  each  such career pension plan
  beneficiary, in lieu of such retirement allowance to  which  he  or  she
  became  entitled as of the effective date of his or her  retirement, the
  retirement allowance computed  pursuant  to  subparagraph  (c)  of  this
  paragraph  eight,  and  for any period beginning on or after July first,
  nineteen  hundred  sixty-eight,  there  shall  be  paid  to  each   such
  fifty-five-year-increased-service-fraction  beneficiary,  in lieu of the
  retirement allowance to which he  or  she  became  entitled  as  of  the
  effective  date  of  his  or  her   retirement, the retirement allowance
  computed pursuant to subparagraph (d) of this paragraph.
    (h)    (1)    Except  as  otherwise  provided  in  item  two  of  this
  subparagraph  (h),  if,  by reason of the death of a career pension plan
  beneficiary  or  fifty-five-year-increased-service-fraction  beneficiary
  occurring  on  or  after  July  first, nineteen hundred sixty-eight, any
  benefits become payable, such benefits shall be computed and paid so  as
  to  equal  the  benefits  which  would be payable upon such death if the
  retirement of such beneficiary had occurred  under  the  conditions  and
  assumptions set forth in items one, two and three of subparagraph (c) of
  this  paragraph  eight  or items one and two of subparagraph (d) of this
  paragraph, as the case may be, as applicable to the recomputation of the
  retirement allowance of such beneficiary.
    (2)  If benefits payable pursuant to item one of this subparagraph (h)
  include payment of the unexhausted portion of the present value  of  any
  such beneficiary's annuity, pension or retirement allowance, as the case
  may be, such portion shall consist of the amount obtained by subtracting
  from the present value of such annuity, pension or retirement allowance,
  as  the  case  may be, calculated as of the effective date of retirement
  pursuant to the provisions of item one of  this  subparagraph,  the  sum
  obtained by adding together:
    (i)    a sum equal to the total of all installments on account of such
  annuity, pension or retirement allowance, as  the  case  may  be,  which
  would have been due and payable to such beneficiary, prior to his or her
  death,  with respect to the period prior to July first, nineteen hundred
  sixty-eight, if such installments had been computed  at  the  applicable
  rate prescribed by item two of subparagraph (g) of this paragraph eight;
  and
    (ii)   a sum equal to the total of all installments on account of such
  annuity, pension or retirement allowance, as  the  case  may  be,  which
  became  due and payable to such beneficiary, prior to his or her  death,
  with respect to the period commencing on July  first,  nineteen  hundred
  sixty-eight, under the provisions of item two of such subparagraph (g).
    (i)    Nothing contained in this paragraph eight shall be construed as
  applying to any benefit payable pursuant to subdivision four of  section
  13-151  of  this  chapter by reason of the death of any member occurring
  prior to July first, nineteen hundred sixty-eight.
    (j)  For the purposes of this paragraph eight, a  member  who  retired
  for  service  prior to January first, nineteen hundred sixty-eight shall
  be deemed to have retired on such January first, if  (1)  such  member's
  retirement  became  effective  on the Sunday next preceding such January
  first, or (2) if every day intervening between  the  effective  date  of
  such  member's  retirement  and  such  January  first  was a Saturday or
  Sunday.
    9.  (a)  As used in this paragraph nine,  the  following  terms  shall
  mean and include:
    (1)  "College assistant beneficiary."  Any beneficiary:


    (i)    whose  retirement for service became effective on or after July
  first, nineteen hundred sixty-eight and prior to  July  first,  nineteen
  hundred sixty-nine; and
    (ii)    who,  immediately  prior  to  the effective date of his or her
  retirement was employed by the city university of New  York  or  in  any
  institution  of  higher  learning  under its jurisdiction, including any
  community college, as a college office assistant A, college  secretarial
  assistant A, college office assistant B, college secretarial assistant B
  or college administrative assistant; and
    (iii)    who,  at the time of his or her  retirement, had attained the
  age of fifty-five years; and
    (iv)  who, on July first, nineteen hundred sixty-nine,  is  a  retired
  former  member  entitled  to  receive  a  retirement  allowance from the
  retirement system.
    (2)   "Extended  coverage  career  pension  plan  beneficiary."    Any
  beneficiary who:
    (i)    retired  for  service  on or after July first, nineteen hundred
  sixty-eight and prior to July first, nineteen hundred sixty-nine,  as  a
  fifty-five-year-increased-service-fraction member; and
    (ii)    at  the  time  of  his  or her   retirement, was credited with
  twenty-five or more years of career pension plan qualifying service, but
  with less than twenty-five years of allowable service  in  one  or  more
  career pension plan positions; and
    (iii)  on July first, nineteen hundred sixty-nine, is a retired former
  member  entitled  to  receive a retirement allowance from the retirement
  system.
    (b)   (1)   Subject to the provisions  of  subparagraph  (e)  of  this
  paragraph  nine, there shall be computed, with respect to the retirement
  of each extended coverage career pension plan beneficiary, the  benefits
  which  would  have  been payable by reason of such retirement if (i) the
  amendments to sections 13-101 and 13-162 of this chapter made by the act
  which enacts this paragraph nine had been in  effect  on  the  effective
  date  of  such retirement, and (ii) such member had elected the benefits
  of section 13-162 of this chapter prior to his or her    retirement  and
  (iii)  he  or  she    had retired as a career pension plan member on the
  effective date of his or her retirement.
    (2)    If  such  benefits  computed  pursuant  to  item  one  of  this
  subparagraph  (b)  are  greater  than  the benefits otherwise payable by
  reason of such retirement, then notwithstanding any provision of law  to
  the  contrary,  the  beneficiary  or  beneficiaries  entitled to receive
  benefits by reason  of  such  retirement  shall  be  paid  such  greater
  benefits  with respect to all periods on and after the effective date of
  such retirement, in lieu  of  the  benefits  which  would  otherwise  be
  payable by reason of such retirement.
    (c)    (1)    Subject  to  the  provisions of subparagraph (e) of this
  paragraph nine, there shall be computed, with respect to the  retirement
  of  each  college  assistant  beneficiary who, at the time of his or her
  retirement, was credited  with  twenty-five  or  more  years  of  career
  pension  plan  qualifying  service,  the  benefits which would have been
  payable with respect  to  such  retirement  if  (i)  the  amendments  to
  sections  13-101 and 13-162 of this chapter made by the act which enacts
  this paragraph nine had been in effect on the  effective  date  of  such
  retirement,  and  (ii)  such  member  had  elected  the benefits of such
  section 13-162 of this chapter prior to his or her  retirement and (iii)
  he or she  had retired as a career pension plan member on the  effective
  date of his or her  retirement.
    (2)    Notwithstanding  any  provision  of  law  to  the contrary, the
  beneficiary or beneficiaries entitled to receive benefits by  reason  of


  such  retirement shall be paid, with respect to all periods on and after
  the effective date of such retirement, the benefits computed pursuant to
  item one of this subparagraph (c), and  shall  receive  such  recomputed
  benefits  in  lieu  of  the benefits which would otherwise be payable by
  reason of such retirement.
    (d)  (1)  There shall be computed, with respect to the  retirement  of
  each  college  assistant  beneficiary,  who,  at  the time of his or her
  retirement, was credited with less  than  twenty-five  years  of  career
  pension  plan  qualifying  service,  the  benefits which would have been
  payable with respect  to  such  retirement  if  (i)  the  amendments  to
  sections  13-101 and 13-165 of this chapter made by the act which enacts
  this paragraph nine had been in effect on the  effective  date  of  such
  retirement,  and  (ii) such member had elected the benefits provided for
  by subdivision a of section 13-165 of this chapter prior to his  or  her
  retirement    and    (iii)    he   or   she       had   retired   as   a
  fifty-five-year-increased-service-fraction member on the effective  date
  of his or her  retirement.
    (2)    Notwithstanding  any  provision  of  law  to  the contrary, the
  beneficiary or beneficiaries entitled to receive benefits by  reason  of
  such  retirement shall be paid, with respect to all periods on and after
  the effective date of such retirement, the benefits computed pursuant to
  item one of this subparagraph (d), and  shall  receive  such  recomputed
  benefits  in  lieu  of  the benefits which would otherwise be payable by
  reason of such retirement.
    (e)   In the computation of  benefits  with  respect  to  an  extended
  coverage  career  pension  plan  beneficiary  pursuant  to  item  one of
  subparagraph (b) of this paragraph nine, or with respect  to  a  college
  assistant  beneficiary  pursuant to item one of subparagraph (c) of this
  paragraph, the twenty-five  years  of  career  pension  plan  qualifying
  service  of  such member next preceding the effective date of his or her
  retirement shall be deemed to be the first twenty-five years  of  career
  pension  plan  qualifying  service of such beneficiary and all rights to
  benefits conferred by such subparagraphs (b) and (c) shall be subject to
  and governed by the provisions of this subparagraph nine.
    (f)  Nothing contained in this paragraph nine shall  be  construed  as
  applying  to any benefit payable pursuant to subdivision four of section
  13-151 of this chapter by reason of the death of  any  member  occurring
  prior to July first, nineteen hundred sixty-nine.
    b.  The service-fractions of final compensation shall be as follows:
 
                                                           Service-
                                                           fraction
       Group                                               to group
       number                     Group name               applicable
  One.........Laborers and unskilled workers engaged
                upon duties requiring principally
                physical exertion.............................. 1/132
  Two.........Mechanics and skilled workers engaged
                upon duties requiring principally
                physical exertion.............................. 1/136
  Three.......Clerical, administrative, professional and
                technical workers engaged upon duties
                requiring principally mental exertion,
                including he or she ads of departments......... 1/140
 
    For any other group established under the provisions of section 13-106
  of  this  chapter,  a  service-fraction  shall  be determined by using a
  numerator of one and a denominator of four times the difference  between


  the  number  twenty-five  and  the  number  which corresponds to the age
  determined for such group as the minimum age for service retirement.