§ 601 — Definitions

§ 601. Definitions. The following words and phrases as used in this\narticle shall have the following meanings unless a different meaning is\nplainly required by the context:\n a. "Active service" shall mean service while being paid on the payroll\nof a participating employer provided, however, a leave of absence with\npay may be deemed active service pursuant to rules and regulations\nadopted by a public retirement system of the state.\n b. "Credited service" shall mean all service which has been credited\nto a member pursuant to section six hundred nine of this article.\n c. "Creditable service" is service which qualifies to be counted as\ncredited service pursuant to section six hundred nine of this article.\n d. "Eligible beneficiary" for the purposes of section six hundred\nseven of this article shall mean the following persons or classes of\npersons in the order set forth:\n 1. A surviving spouse who has not renounced survivorship rights in a\nseparation agreement, until remarriage;\n 2. Surviving children until age twenty-five;\n 3. Dependent parents, determined under regulations promulgated by the\nhead of the retirement system;\n 4. Any other person who qualified as a dependent on the final federal\nincome tax return of the member or the return filed in the year\nimmediately preceding the year of death, until such person reaches\ntwenty-one years of age. In the event that a class of eligible\nbeneficiaries consists of more than one person, benefits shall be\ndivided equally among the persons in such class; and\n 5. With respect to members of the New York city employees' retirement\nsystem or the board of education employees' retirement system of the\ncity of New York only, a person or persons whom the member shall have\nnominated in the form of a written designation, duly acknowledged and\nfiled with the head of the retirement system for the purpose of section\nsix hundred six of this article.\n 6. Notwithstanding any other provisions of law, "eligible beneficiary"\nof a New York city uniformed sanitation member shall mean the following\npersons or classes of persons in the order set forth: (i) a surviving\nspouse who has not renounced survivorship in a separation agreement,\n(ii) surviving children until age twenty-five, (iii) dependent parents,\ndetermined under regulations promulgated by the comptroller and (iv) any\nother person who qualified as a dependent on the final federal income\ntax return of the member or the return filed in the year immediately\npreceding the year of death, until such person reaches twenty-one years\nof age.\n e. "Member" shall mean a member subject to the provisions of this\narticle.\n f. "Head of the retirement system" shall mean the comptroller, with\nrespect to the state employees' retirement system and the retirement\nboard of the other public retirement systems of the state.\n g. "Mandatory retirement age" shall mean age seventy.\n h. "Normal retirement age" shall mean age sixty-two.\n i. "Participating employer" shall mean a public employer who is\nparticipating in a public retirement system of the state.\n j. "Public employer" shall mean an employer who is eligible to\nparticipate in a public retirement system of the state.\n k. "Public retirement system of the state" shall mean the New York\nstate employees' retirement system, New York state teachers' retirement\nsystem, New York city employees' retirement system (except with respect\nto members qualified for participation in the uniformed transit police\nforce plan or housing police force plan), New York city teachers'\nretirement system and the New York city board of education retirement\nsystem.\n l. (a) "Wages" shall mean regular compensation earned by and paid to a\nmember by a public employer, except that for members who first join the\nNew York state and local employees' retirement system or the New York\nstate teachers' retirement system on or after January first, two\nthousand ten, overtime compensation paid in any year in excess of the\novertime ceiling, as defined by this subdivision, shall not be included\nin the definition of wages.\n (b) "Overtime compensation" shall mean, for purposes of this section,\ncompensation paid under any law or policy under which employees are paid\nat a rate greater than their standard rate for additional hours worked\nbeyond those required, including compensation paid under section one\nhundred thirty-four of the civil service law and section ninety of the\ngeneral municipal law.\n (c) The "overtime ceiling" shall mean fifteen thousand dollars per\nannum on January first, two thousand ten, and shall be increased by\nthree per cent each year thereafter, provided, however, that:\n (i) for members who first become members of a public retirement system\nof the state on or after April first, two thousand twelve, "overtime\nceiling" shall mean fifteen thousand dollars per annum on April first,\ntwo thousand twelve, and shall be increased each year thereafter by a\npercentage to be determined annually by reference to the consumer price\nindex (all urban consumers, CPI-U, U.S. city average, all items,\n1982-84=100), published by the United States bureau of labor statistics,\nfor each applicable calendar year. Said percentage shall equal the\nannual inflation as determined from the increase in the consumer price\nindex in the one year period ending on the December thirty-first\npreceding the overtime ceiling adjustment effective on the ensuing April\nfirst.\n (ii) Commencing January first, two thousand eighteen, and each year\nthereafter, the overtime ceiling percentage shall be increased by an\namount equal to the annual inflation as determined from the increase in\nthe consumer price index in the one year period ending on the September\nthirtieth prior to the overtime ceiling adjustment effective on the\nensuing January first.\n (d) For members who first join a public retirement system of the state\non or after April first, two thousand twelve, the following items shall\nnot be included in the definition of wages: 1. wages in excess of the\nannual salary paid to the governor pursuant to section three of article\nfour of the state constitution, 2. lump sum payments for deferred\ncompensation, sick leave, accumulated vacation or other credits for time\nnot worked, 3. any form of termination pay, 4. any additional\ncompensation paid in anticipation of retirement, and 5. in the case of\nemployees who receive wages from three or more employers in a twelve\nmonth period, the wages paid by the third and each additional employer.\n m. "New York city revised plan member" shall mean a member of the New\nYork city employees' retirement system, the New York city teachers'\nretirement system or the board of education retirement system of the\ncity of New York who becomes subject to the provisions of this article\non or after April first, two thousand twelve.\n