§ 161 — Definitions

New York § 161

• Jurisdiction: New York
• Law RSS: Retirement & Social Security
• Art. 4: Supplemental Pension Act

Text

§ 161. Definitions. As used in this article: 1. The term "state\nretired employee" shall mean a person who shall have retired prior to\nJuly first, nineteen hundred sixty-one, and receives as a result of such\nretirement, a retirement allowance or pension from any state\nadministered and operated retirement or pension plan or system, which\nretirement allowance or pension, computed without optional modification,\nis or would be twelve hundred dollars per annum or less, and who, unless\nretired for disability, (a) is sixty years of age or over and (b) has\nhad not less than fifteen years of allowable and credited service on\nwhich his retirement allowance or pension is based, provided, however,\nthat\n (1) in the case of such a person meeting such requirements who\nattained age sixty-five before April first, nineteen hundred fifty-six,\nor who attains such age on or after such date, the maximum retirement\nallowance or pension, computed without optional modification, shall for\nthe purposes hereof be thirteen hundred and two dollars per annum\nbeginning with the month of April, nineteen hundred fifty-six, if he is\nthen sixty-five years of age or beginning with the month thereafter\nduring which he attains age sixty-five;\n (2) in the case of a female person meeting such requirements who\nattained age sixty-two before April first, nineteen hundred fifty-seven,\nor who attains such age on or after such date, the maximum retirement\nallowance or pension, computed without optional modification, shall for\nthe purposes hereof be thirteen hundred and two dollars per annum\nbeginning with the month of April, nineteen hundred fifty-seven, if she\nis then sixty-two years of age or beginning with the month thereafter\nduring which she attains age sixty-two;\n (3) in the case of a person retired for disability, either before or\nafter attaining age fifty, who attained such age before April first,\nnineteen hundred fifty-seven, or who attains such age on or after such\ndate, the maximum retirement allowance or pension, computed without\noptional modification, shall for the purposes hereof be thirteen hundred\nand two dollars per annum beginning with the month of April, nineteen\nhundred fifty-seven, if he is then fifty years of age or beginning with\nthe month thereafter during which he attains age fifty.\n 2. The term "local retired employee" shall mean a person who shall\nhave retired prior to July first, nineteen hundred sixty-one, and\nreceives as a result of such retirement, a retirement allowance or\npension from any retirement or pension system or plan of a municipality,\nwhich retirement allowance or pension, computed without optional\nmodification, is or would be twelve hundred dollars per annum or less,\nand who, unless retired for disability, (a) is sixty years of age or\nover and (b) has had not less than fifteen years of allowable and\ncredited service on which his retirement allowance or pension is based,\nprovided, however, that\n (1) in the case of such a person meeting such requirements who\nattained age sixty-five before April first, nineteen hundred fifty-six,\nor who attains such age on or after such date, the maximum retirement\nallowance or pension, computed without optional modification, shall for\nthe purposes hereof be thirteen hundred and two dollars per annum in the\nevent a local law, ordinance or resolution is adopted pursuant to\nparagraph b of subdivision two of section one hundred sixty-three of\nthis act, beginning with the month when such local law, ordinance or\nresolution shall become effective, if such person is then sixty-five\nyears of age or beginning with the month thereafter during which he\nattains age sixty-five;\n (2) in the case of a female person meeting such requirements who\nattained age sixty-two before April first, nineteen hundred fifty-seven,\nor who attains such age on or after such date, the maximum retirement\nallowance or pension, computed without optional modification, shall for\nthe purposes hereof be thirteen hundred and two dollars per annum in the\nevent a local law, ordinance or resolution is adopted pursuant to\nparagraph b of subdivision two of section one hundred sixty-three of\nthis act, beginning with the month when such local law, ordinance or\nresolution shall become effective, if she is then sixty-two years of age\nor beginning with the month thereafter during which she attains age\nsixty-two;\n (3) in the case of a person retired for disability, either before or\nafter attaining age fifty, who attained such age before April first,\nnineteen hundred fifty-seven, or who attains such age on or after such\ndate, the maximum retirement allowance or pension, computed without\noptional modification, shall for the purposes hereof be thirteen hundred\nand two dollars per annum in the event a local law, ordinance or\nresolution is adopted pursuant to paragraph b of subdivision two of\nsection one hundred sixty-three of this act, beginning with the month\nwhen such local law, ordinance or resolution shall become effective, if\nhe is then fifty years of age or beginning with the month thereafter\nduring which he attains age fifty.\n 3. The term "state retired teacher" shall mean a person who shall have\nretired prior to July first, nineteen hundred sixty-one, and receives a\nretirement allowance from the New York state teachers' retirement\nsystem, which retirement allowance, computed without optional\nmodification, including any modification due to additional contributions\nas authorized by subdivision three of section five hundred sixteen of\nthe education law, is or would be twenty-four hundred dollars per annum\nor less and who, unless retired for disability, has been credited with\nnot less than twenty-five years of service, at least fifteen of which\nshall have been service within the state.\n 4. The term "local retired teacher" shall mean a person who shall have\nretired prior to July first, nineteen hundred sixty-one, and receives as\na result of such retirement, a retirement allowance from any teachers'\nretirement system administered and operated by a municipality or a\nschool district located therein, which retirement allowance, computed\nwithout optional modification, is or would be twelve hundred dollars per\nannum or less, or as hereinafter provided thirteen hundred and two or\neighteen hundred dollars per annum or less, as the case may be, and who,\nunless retired for disability, has had not less than fifteen years of\nallowable and credited service on which his retirement allowance is\nbased, provided, however, that\n (1) In the case of such a person meeting such requirements who\nattained age sixty-five before April first, nineteen hundred fifty-six,\nor who attains such age on or after such date, the maximum retirement\nallowance or pension, computed without optional modification, shall for\nthe purposes hereof be thirteen hundred and two dollars per annum in the\nevent a local law, ordinance or resolution is adopted pursuant to\nsubdivision five of section one hundred sixty-three of this act,\nbeginning with the month when such local law, ordinance or resolution\nshall become effective, if such person is then sixty-five years of age\nor beginning with the month thereafter during which he attains age\nsixty-five;\n (2) in the case of a female person meeting such requirements who\nattained age sixty-two before April first, nineteen hundred fifty-seven,\nor who attains such age on or after such date, the maximum retirement\nallowance or pension, computed without optional modification, shall for\nthe purposes hereof be thirteen hundred and two dollars per annum in the\nevent a local law, ordinance or resolution is adopted pursuant to\nparagraph b of subdivision two of section one hundred sixty-three of\nthis act, beginning with the month when such local law, ordinance or\nresolution shall become effective, if she is then sixty-two years of age\nor beginning with the month thereafter during which she attains age\nsixty-two;\n (3) in the case of a person retired for disability, either before or\nafter attaining age fifty, who attained such age before April first,\nnineteen hundred fifty-seven, or who attains such age on or after such\ndate, the maximum retirement allowance or pension, computed without\noptional modification, shall for the purposes hereof be thirteen hundred\nand two dollars per annum in the event a local law, ordinance or\nresolution is adopted pursuant to paragraph b of subdivision two of\nsection one hundred sixty-three of this act, beginning with the month\nwhen such local law, ordinance or resolution shall become effective, if\nhe is then fifty years of age or beginning with the month thereafter\nduring which he attains age fifty;\n (4) in the case where a local law, ordinance or resolution authorizing\nadditional supplemental pension payments pursuant to subdivision six of\nsection one hundred sixty-three of this act is adopted effective on or\nafter April first, nineteen hundred fifty-eight, such term shall for the\npurposes hereof refer to such a person entitled to receive a monthly\nsupplemental pension in an amount which when added to his monthly\nretirement allowance or pension, computed without optional modification,\nshall be equal to one hundred fifty dollars.\n 5. The term "municipality" shall mean a county, city, town or village.\n 6. The term "comptroller" shall mean the state comptroller.\n