Section 375-F. Career retirement plan for state employees  


Latest version.
  • a. (1) A member
      of the retirement system in the employ of the state who retires while in
      such employ on or after April first, nineteen  hundred  sixty-nine,  and
      who  is  entitled  to  a  service retirement benefit pursuant to section
      three hundred seventy-five-c and section three hundred seventy-five-d of
      this chapter, and who retires with twenty-five or more  years  of  total
      service,  shall have his retirement allowance computed as provided under
      section  three  hundred  seventy-five-c  and   section   three   hundred
      seventy-five-d,   except   that   the  fraction  one-fiftieth  shall  be
      substituted  for  the  fraction  one-sixtieth  for  each  of  the  first
      twenty-five  years  of  such service, and that service rendered prior to
      April first, nineteen hundred thirty-eight shall  be  included  in  such
      computation.
        (2) That portion of the pension provided pursuant to the provisions of
      this  section,  which  is in excess of the pension that the member would
      have received had this section not been in effect, shall not be included
      in computing any pension reserve payable pursuant to the  provisions  of
      section three hundred sixty of this chapter.
        b. A member of the retirement system not in the employ of the state on
      April  first,  nineteen  hundred  sixty-nine,  who  thereafter enters or
      reenters such employ, shall not  be  entitled  to  have  his  retirement
      allowance computed pursuant to the provisions of this section unless:
        (1) Such member renders five or more years of service in the employ of
      the  state  after  March  thirty-first,  nineteen hundred sixty-nine and
      retires from such employ, or
        (2) Immediately prior to service with the state, service was  rendered
      while  a  member  of  a  retirement  system maintained by the state or a
      municipality thereof operating on a sound actuarial basis and subject to
      the supervision of the insurance department of  this  state  in  a  plan
      which  provides  service  retirement benefits equal or superior to those
      provided under this section and at  the  date  of  his  retirement  such
      member  would  have been eligible for such benefits had he not separated
      from service with such employer.
        c. A member eligible for a vested retirement allowance pursuant to the
      provisions of section three hundred seventy-six, who separates from  the
      employ of the state on or after April first, nineteen hundred sixty-nine
      with twenty-five or more years of total service, and who would have been
      eligible  to  have  his  retirement  allowance  computed pursuant to the
      provisions of this section had he at the time of separation attained age
      fifty-five, shall at the time he becomes eligible to receive the  vested
      retirement allowance, be entitled to have such allowance computed in the
      manner prescribed by this section.
        d.  In  addition  to the retirement allowance provided pursuant to the
      plans set forth in sections three hundred  eighty-three,  three  hundred
      eighty-three-a  and  three  hundred  eighty-three-b  of  this chapter, a
      member of either such plan who retires on or after April first, nineteen
      hundred sixty-nine with more than twenty-five  years  of  total  service
      shall  be  entitled  to  receive,  in  addition to the benefits provided
      pursuant to either such section and notwithstanding the  limitations  of
      either  such  section, an additional retirement allowance for such years
      of service rendered in excess of twenty-five. The additional  retirement
      allowance  for  such additional years of service shall be computed as if
      such member had been eligible to have his retirement allowance  computed
      pursuant  to  the  provisions  of subdivision b of section three hundred
      seventy-five-c and of paragraph one of subdivision a  of  section  three
      hundred seventy-five-d of this chapter.
        e.  The  benefits  hereinabove  provided  shall  be payable unless the
      member would otherwise be entitled to  a  greater  benefit  under  other
    
      provisions  of this chapter, in which event the greater benefit shall be
      payable.
        f.  In  the  case  of persons who last became members on or after July
      first, nineteen hundred seventy-three, the provisions  of  this  section
      shall  apply  only to those retiring or separating in vested status from
      state service prior to July first, nineteen hundred seventy-four.