2010 New York Code
RSS - Retirement & Social Security
Article 4 - (160 - 173) SUPPLEMENTAL PENSION ACT
163 - Computation of supplemental pensions.

§   163.  Computation  of  supplemental  pensions.    1.  The  monthly
  supplemental pension to be paid to a state  retired  employee  shall  be
  computed by
    (a)  multiplying  by  forty  (or  forty-three and two-fifths in a case
  where a retired employee may under this act receive a maximum retirement
  allowance  or  pension,  computed  without  optional  modification,   of
  thirteen  hundred  and  two  dollars) the number of years, not exceeding
  thirty, of allowable  and  credited  service  on  which  his  retirement
  allowance or pension is based,
    (b)   subtracting  therefrom  the  amount  of  his  annual  retirement
  allowance or pension, computed without optional modification, and
    (c) dividing the results so obtained by twelve.
    2. In no event shall the monthly supplemental pension paid to a  state
  retired employee exceed
    (a)  twenty-five  dollars,  or thirty-three dollars and fifty cents in
  any case where the maximum under paragraph (b) of  this  subdivision  is
  one hundred eight dollars and fifty cents, or
    (b)  an  amount which, when added to an amount equal to one-twelfth of
  his annual retirement allowance or pension,  computed  without  optional
  modification, exceeds
    (1) the sum of one hundred dollars, or
    (2)  one hundred eight dollars and fifty cents, in the case of a state
  retired  employee  who  attained  age  sixty-five  before  April  first,
  nineteen  hundred  fifty-six,  or  who attains such age on or after such
  date, beginning with the month of April nineteen hundred  fifty-six,  if
  he  is  then  sixty-five  years  of  age  or  beginning  with  the month
  thereafter during which he attains age sixty-five, or who  is  a  female
  person  who  attained age sixty-two before April first, nineteen hundred
  fifty-seven, or who attains such age on or after  such  date,  beginning
  with  the  month  of  April nineteen hundred fifty-seven, if she is then
  sixty-two years of age or beginning with  the  month  thereafter  during
  which  she  attains  age sixty-two, or is retired for disability, either
  before or after attaining age fifty, and who attained  such  age  before
  April first, nineteen hundred fifty-seven, or who attains such age on or
  after  such  date,  beginning  with  the month of April nineteen hundred
  fifty-seven, if he is then fifty years of  age  or  beginning  with  the
  month thereafter during which he attains age fifty, or
    (3)  one hundred eight dollars and fifty cents, in the case of a local
  retired employee, where the municipality shall have  provided  by  local
  law,  ordinance  or  resolution  for  payments  up to such sum for local
  retired employees  who  attained  age  sixty-five  before  April  first,
  nineteen  hundred  fifty-six,  or  who  attain such age on or after such
  date, beginning with  the  month  when  such  local  law,  ordinance  or
  resolution  shall  become  effective,  if such local retired employee is
  then sixty-five years of age or  beginning  with  the  month  thereafter
  during  which  he  attains age sixty-five, or who are female persons who
  attained age sixty-two before April first, nineteen hundred fifty-seven,
  or who attain such age on or after such date, beginning with  the  month
  when  such local law, ordinance or resolution shall become effective, if
  such local retired employee is then sixty-two years of age or  beginning
  with the month thereafter during which she attains age sixty-two, or who
  are  retired for disability, either before or after attaining age fifty,
  and  who  attained  age  fifty  before  April  first,  nineteen  hundred
  fifty-seven,  or  who  attain  such age on or after such date, beginning
  with the month when such local law, ordinance or resolution shall become
  effective, if such local retired employee is then fifty years of age  or
  beginning with the month thereafter during which she attains age fifty.

3.  Except as otherwise provided by or pursuant to subdivision five or
  subdivision six of this section, the monthly supplemental pension to  be
  paid  to  a  state retired teacher shall be twenty-five dollars plus the
  amount, if any, by which one-twelfth of his annual retirement allowance,
  computed  without  optional modification, is less than fifty dollars. In
  no event shall the monthly supplemental pension paid to a state  retired
  teacher  exceed  an  amount  which,  when  added  to  an amount equal to
  one-twelfth  of  his  annual  retirement  allowance,  computed   without
  optional modification, exceeds the sum of one hundred dollars.
    4.  For  the  purposes  of  this section, in determining the number of
  years of allowable and credited service, a  major  fraction  of  a  year
  shall be counted as a full year.
    5.  Notwithstanding  any  other  provision  of  this act but except as
  otherwise provided by or pursuant to  subdivision  six  and  subdivision
  seven of this section, any state retired teacher who
    (a)  attained  age  sixty-five  before  April  first, nineteen hundred
  fifty-six, or who attains such age on or after  such  date  and  who  is
  receiving  or  is entitled to receive a supplemental pension pursuant to
  this act on or after such date shall, beginning with the month of April,
  nineteen hundred fifty-six, if he is then sixty-five  years  of  age  or
  beginning  with  the  month  thereafter  during  which  he  attains  age
  sixty-five, or
    (b) is a female person who attained age sixty-two before April  first,
  nineteen  hundred  fifty-seven, or who attains such age on or after such
  date and who is receiving or entitled to receive a supplemental  pension
  pursuant  to  this  act  on or after such date shall, beginning with the
  month of April, nineteen hundred fifty-seven, if she is  then  sixty-two
  years  of  age  or  beginning with the month thereafter during which she
  attains age sixty-two, or
    (c) is retired for disability, either before or  after  attaining  age
  fifty,  and  who  attained such age before April first, nineteen hundred
  fifty-seven, or who attains such age on or after such date  and  who  is
  receiving or entitled to receive a supplemental pension pursuant to this
  act  on  or  after  such  date shall, beginning with the month of April,
  nineteen hundred fifty-seven, if he  is  then  fifty  years  of  age  or
  beginning  with  the month thereafter during which he attains age fifty,
  receive a monthly supplemental pension in an amount which when added  to
  his  monthly  retirement allowance or pension, computed without optional
  modification, including any modification due to additional contributions
  as authorized by subdivision three of section five  hundred  sixteen  of
  the  education law shall be equal to one hundred eight dollars and fifty
  cents;  provided,  however,  that  this  subdivision  shall  not  become
  operative  in  the  case  of  a local retired teacher unless and until a
  local  law,  ordinance  or  resolution   authorizing   such   additional
  supplemental  pension  payments  for such a person or persons shall have
  become effective.
  receive a monthly supplemental pension in an amount which when added  to
  his  monthly  retirement allowance or pension, computed without optional
  modification, shall be equal to one  hundred  eight  dollars  and  fifty
  cents;  provided,  however,  that  this  subdivision  shall  not  become
  operative in the case of a local retired  teacher  unless  and  until  a
  local   law,   ordinance   or  resolution  authorizing  such  additional
  supplemental pension payments for such a person or  persons  shall  have
  become effective.
    6. Notwithstanding any other provision of this act except as otherwise
  provided  by  or  pursuant  to  subdivision seven of this section, (a) a
  state retired teacher, having retired  prior  to  July  first,  nineteen
  hundred  sixty-one,  who  is  not receiving the primary benefit obtained

under the federal old-age, survivors, and disability  insurance  system,
  shall  receive,  beginning with the month of September, nineteen hundred
  sixty-five, a monthly supplemental pension in an amount which when added
  to  his  monthly  retirement  allowance  or  pension,  computed  without
  optional modification,  shall  be  equal  to  two  hundred  dollars  and
  beginning  with  the  month  of  September,  nineteen hundred seventy, a
  monthly supplemental pension in an  amount  which,  when  added  to  his
  monthly  retirement  allowance  or  pension,  computed  without optional
  modification, shall be equal to two hundred twenty-five dollars, or  (b)
  a  state  retired  teacher, having retired prior to July first, nineteen
  hundred sixty-one, who is receiving the primary benefit  obtained  under
  the  federal  old-age, survivors, and disability insurance system, shall
  receive, beginning with the month of April, nineteen hundred sixty-five,
  a monthly supplemental pension in an amount which,  when  added  to  his
  monthly  retirement allowance or pension, without optional modification,
  shall be equal to one hundred seventy-five dollars;  provided,  however,
  that  this subdivision shall not become operative in the case of a local
  retired teacher unless and until a local law,  ordinance  or  resolution
  authorizing  such  additional  supplemental  pension payments for such a
  person or persons shall have become effective, and further provided that
  nothing herein contained shall be construed to  reduce  any  pension  or
  retirement  allowance,  or  supplemental  pension  being received by any
  retired teacher prior to April first, nineteen  hundred  sixty-five.  As
  used  in  this  subdivision  the  term  "optional modification" includes
  modification due to additional contributions authorized  by  subdivision
  three of section five hundred sixteen of the education law.
    7.  For  persons retiring after June thirtieth, nineteen hundred sixty
  and prior to the effective date of this chapter, and who  are  otherwise
  eligible for supplementation under provisions of this act, a retroactive
  payment  for  supplemental  pensions  shall  be  made, as if chapter one
  thousand forty of the laws  of  nineteen  hundred  sixty  had  not  been
  enacted,  covering  the  period  between  the date of retirement and the
  effective date of this chapter.