2013 New York Consolidated Laws
RSS - Retirement & Social Security
Article 15 - (600 - 617) COORDINATED RETIREMENT PLAN
601 - Definitions.

 
    §  601.  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. "Active service" shall mean service while being paid on the payroll
  of  a  participating employer provided, however, a leave of absence with
  pay may be deemed active  service  pursuant  to  rules  and  regulations
  adopted by a public retirement system of the state.
    b.  "Credited  service" shall mean all service which has been credited
  to a member pursuant to section six hundred nine of this article.
    c. "Creditable service" is service which qualifies to  be  counted  as
  credited service pursuant to section six hundred nine of this article.
    d.  "Eligible  beneficiary"  for  the  purposes of section six hundred
  seven of this article shall mean the following  persons  or  classes  of
  persons in the order set forth:
    1.  A  surviving spouse who has not renounced survivorship rights in a
  separation agreement, until remarriage;
    2. Surviving children until age twenty-five;
    3. Dependent parents, determined under regulations promulgated by  the
  head of the retirement system;
    4.  Any other person who qualified as a dependent on the final federal
  income tax return of  the  member  or  the  return  filed  in  the  year
  immediately  preceding  the  year  of  death,  until such person reaches
  twenty-one years  of  age.  In  the  event  that  a  class  of  eligible
  beneficiaries  consists  of  more  than  one  person,  benefits shall be
  divided equally among the persons in such class; and
    5. With respect to members of the New York city employees'  retirement
  system  or  the  board  of education employees' retirement system of the
  city of New York only, a person or persons whom the  member  shall  have
  nominated  in  the  form of a written designation, duly acknowledged and
  filed with the head of the retirement system for the purpose of  section
  six hundred six of this article.
    e.  "Member"  shall  mean  a  member subject to the provisions of this
  article.
    f. "Head of the retirement system" shall mean  the  comptroller,  with
  respect  to  the  state  employees' retirement system and the retirement
  board of the other public retirement systems of the state.
    g. "Mandatory retirement age" shall mean age seventy.
    h. "Normal retirement age" shall mean age sixty-two.
    i. "Participating employer"  shall  mean  a  public  employer  who  is
  participating in a public retirement system of the state.
    j.  "Public  employer"  shall  mean  an  employer  who  is eligible to
  participate in a public retirement system of the state.
    k. "Public retirement system of the state" shall  mean  the  New  York
  state  employees' retirement system, New York state teachers' retirement
  system, New York city employees' retirement system (except with  respect
  to  members  qualified for participation in the uniformed transit police
  force plan or housing  police  force  plan),  New  York  city  teachers'
  retirement  system  and  the New York city board of education retirement
  system.
    l. "Wages" shall mean regular compensation earned by  and  paid  to  a
  member  by a public employer, except that for members who first join the
  New York state and local employees' retirement system or  the  New  York
  state  teachers'  retirement  system  on  or  after  January  first, two
  thousand ten, overtime compensation paid in any year in  excess  of  the
  overtime  ceiling, as defined by this subdivision, shall not be included
  in the definition of wages.  "Overtime  compensation"  shall  mean,  for
  purposes  of  this  section,  compensation  paid under any law or policy
  under which employees are paid at a rate  greater  than  their  standard

  rate  for  additional  hours  worked  beyond  those  required, including
  compensation paid under section one hundred  thirty-four  of  the  civil
  service  law  and  section  ninety  of  the  general  municipal law. The
  "overtime  ceiling"  shall  mean  fifteen  thousand dollars per annum on
  January first, two thousand ten, and shall be  increased  by  three  per
  cent each year thereafter, provided, however, that for members who first
  become  members  of  a public retirement system of the state on or after
  April first, two thousand twelve, "overtime ceiling" shall mean  fifteen
  thousand  dollars  per  annum  on  April first, two thousand twelve, and
  shall be increased each year thereafter by a percentage to be determined
  annually by reference to the consumer price index (all urban  consumers,
  CPI-U,  U.S.  city  average,  all  items, 1982-84=100), published by the
  United States bureau of labor statistics, for each  applicable  calendar
  year.  Said  percentage  shall  equal the annual inflation as determined
  from the increase in the consumer price index in  the  one  year  period
  ending   on  the  December  thirty-first  prior  to  the  cost-of-living
  adjustment effective on the ensuing April first. For members  who  first
  join  a  public  retirement system of the state on or after April first,
  two thousand twelve, the following items shall not be  included  in  the
  definition of wages: 1. wages in excess of the annual salary paid to the
  governor  pursuant  to  section  three  of  article  four  of  the state
  constitution, 2. lump  sum  payments  for  deferred  compensation,  sick
  leave, accumulated vacation or other credits for time not worked, 3. any
  form  of  termination  pay,  4.  any  additional  compensation  paid  in
  anticipation of retirement, and 5. in the case of employees who  receive
  wages  from  three or more employers in a twelve month period, the wages
  paid by the third and each successive employer.
    m. "New York city revised plan member" shall mean a member of the  New
  York  city  employees'  retirement  system,  the New York city teachers'
  retirement system or the board of education  retirement  system  of  the
  city  of  New York who becomes subject to the provisions of this article
  on or after April first, two thousand twelve.