Section 113. Creation or modification of local retirement systems prohibited  


Latest version.
  • a. No municipality, after April twelfth,  nineteen  hundred
      twenty-two,  shall  create  any  retirement  system  for its officers or
      employees.
        b. Notwithstanding any inconsistent provisions of any general, special
      or local law, ordinance or city  or  village  charter,  no  municipality
      shall  have power to add, change, modify, supersede, amend or repeal any
      provision relating to contributions payable to or  pensions,  annuities,
      or  other  benefits  payable by any pension or retirement system or fund
      administered by such municipality or an agency thereof for  the  benefit
      of officers or employees of such municipality, except as provided herein
      or  in  article  four or article six of this chapter. Any such provision
      for the payment of a pension or retirement allowance of a fixed  amount,
      expressed  in  dollars,  may  be  amended by the municipality to provide
      future retirees with a pension or retirement allowance  in  terms  of  a
      percentage,  not  to  exceed fifty per cent, of the annual salary before
      retirement of the officer or employee.
        c. The provisions of subdivision b of this section shall not prevent a
      municipality having the power to adopt local laws to  provide  by  local
      law,  or  a  municipality  not  having  the power to adopt local laws to
      provide by ordinance  or  resolution,  for  increased-take-home-pay  for
      members  of a pension or retirement system or fund administered by it or
      by any agency thereof. Such local  law,  ordinance,  or  resolution  may
      provide   a   plan   for  increased-take-home-pay  which  shall  not  be
      inconsistent with the provisions, limitations, restrictions and  payroll
      periods of the plans for increased-take-home-pay provided by chapters of
      the  laws  of  nineteen  hundred  sixty,  entitled  "An act to amend the
      retirement and social security law,  in  relation  to  the  addition  of
      pensions   providing-for-increased-take-home-pay,  death  benefits,  and
      reopening of a plan for retirement at age fifty-five", "An act to  amend
      the  retirement  and social security law, in relation to authorizing the
      provision of  added  pensions-providing-for-increased-take-home-pay  and
      death  benefits for officers and employees of participating employers in
      the New York state employees' retirement system", "An act to  amend  the
      mental  hygiene law, in relation to reducing contributions of members of
      the New York state hospital system and providing added death  benefits,"
      and any acts amendatory thereof.