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SECTION 161
Definitions
Retirement & Social Security (RSS) CHAPTER 51-A, ARTICLE 4
§ 161. Definitions. As used in this article: 1. The term "state
retired employee" shall mean a person who shall have retired prior to
July first, nineteen hundred sixty-one, and receives as a result of such
retirement, a retirement allowance or pension from any state
administered and operated retirement or pension plan or system, which
retirement allowance or pension, computed without optional modification,
is or would be twelve hundred dollars per annum or less, and who, unless
retired for disability, (a) is sixty years of age or over and (b) has
had not less than fifteen years of allowable and credited service on
which his retirement allowance or pension is based, provided, however,
that

(1) in the case of such a person meeting such requirements who
attained age sixty-five before April first, nineteen hundred fifty-six,
or who attains such age on or after such date, the maximum retirement
allowance or pension, computed without optional modification, shall for
the purposes hereof be thirteen hundred and two dollars per annum
beginning with the month of April, nineteen hundred fifty-six, if he is
then sixty-five years of age or beginning with the month thereafter
during which he attains age sixty-five;

(2) in the case of a female person meeting such requirements who
attained age sixty-two before April first, nineteen hundred fifty-seven,
or who attains such age on or after such date, the maximum retirement
allowance or pension, computed without optional modification, shall for
the purposes hereof be thirteen hundred and two dollars per annum
beginning with the month of April, nineteen hundred fifty-seven, if she
is then sixty-two years of age or beginning with the month thereafter
during which she attains age sixty-two;

(3) in the case of a person retired for disability, either before or
after attaining age fifty, who attained such age before April first,
nineteen hundred fifty-seven, or who attains such age on or after such
date, the maximum retirement allowance or pension, computed without
optional modification, shall for the purposes hereof be thirteen hundred
and two dollars per annum beginning with the month of April, nineteen
hundred fifty-seven, if he is then fifty years of age or beginning with
the month thereafter during which he attains age fifty.

2. The term "local retired employee" shall mean a person who shall
have retired prior to July first, nineteen hundred sixty-one, and
receives as a result of such retirement, a retirement allowance or
pension from any retirement or pension system or plan of a municipality,
which retirement allowance or pension, computed without optional
modification, is or would be twelve hundred dollars per annum or less,
and who, unless retired for disability, (a) is sixty years of age or
over and (b) has had not less than fifteen years of allowable and
credited service on which his retirement allowance or pension is based,
provided, however, that

(1) in the case of such a person meeting such requirements who
attained age sixty-five before April first, nineteen hundred fifty-six,
or who attains such age on or after such date, the maximum retirement
allowance or pension, computed without optional modification, shall for
the purposes hereof be thirteen hundred and two dollars per annum in the
event a local law, ordinance or resolution is adopted pursuant to
paragraph b of subdivision two of section one hundred sixty-three of
this act, beginning with the month when such local law, ordinance or
resolution shall become effective, if such person is then sixty-five
years of age or beginning with the month thereafter during which he
attains age sixty-five;

(2) in the case of a female person meeting such requirements who
attained age sixty-two before April first, nineteen hundred fifty-seven,
or who attains such age on or after such date, the maximum retirement
allowance or pension, computed without optional modification, shall for
the purposes hereof be thirteen hundred and two dollars per annum in the
event a local law, ordinance or resolution is adopted pursuant to
paragraph b of subdivision two of section one hundred sixty-three of
this act, beginning with the month when such local law, ordinance or
resolution shall become effective, if she is then sixty-two years of age
or beginning with the month thereafter during which she attains age
sixty-two;

(3) in the case of a person retired for disability, either before or
after attaining age fifty, who attained such age before April first,
nineteen hundred fifty-seven, or who attains such age on or after such
date, the maximum retirement allowance or pension, computed without
optional modification, shall for the purposes hereof be thirteen hundred
and two dollars per annum in the event a local law, ordinance or
resolution is adopted pursuant to paragraph b of subdivision two of
section one hundred sixty-three of this act, beginning with the month
when such local law, ordinance or resolution shall become effective, if
he is then fifty years of age or beginning with the month thereafter
during which he attains age fifty.

3. The term "state retired teacher" shall mean a person who shall have
retired prior to July first, nineteen hundred sixty-one, and receives a
retirement allowance from the New York state teachers' retirement
system, which retirement allowance, computed without optional
modification, including any modification due to additional contributions
as authorized by subdivision three of section five hundred sixteen of
the education law, is or would be twenty-four hundred dollars per annum
or less and who, unless retired for disability, has been credited with
not less than twenty-five years of service, at least fifteen of which
shall have been service within the state.

4. The term "local retired teacher" shall mean a person who shall have
retired prior to July first, nineteen hundred sixty-one, and receives as
a result of such retirement, a retirement allowance from any teachers'
retirement system administered and operated by a municipality or a
school district located therein, which retirement allowance, computed
without optional modification, is or would be twelve hundred dollars per
annum or less, or as hereinafter provided thirteen hundred and two or
eighteen hundred dollars per annum or less, as the case may be, and who,
unless retired for disability, has had not less than fifteen years of
allowable and credited service on which his retirement allowance is
based, provided, however, that

(1) In the case of such a person meeting such requirements who
attained age sixty-five before April first, nineteen hundred fifty-six,
or who attains such age on or after such date, the maximum retirement
allowance or pension, computed without optional modification, shall for
the purposes hereof be thirteen hundred and two dollars per annum in the
event a local law, ordinance or resolution is adopted pursuant to
subdivision five of section one hundred sixty-three of this act,
beginning with the month when such local law, ordinance or resolution
shall become effective, if such person is then sixty-five years of age
or beginning with the month thereafter during which he attains age
sixty-five;

(2) in the case of a female person meeting such requirements who
attained age sixty-two before April first, nineteen hundred fifty-seven,
or who attains such age on or after such date, the maximum retirement
allowance or pension, computed without optional modification, shall for
the purposes hereof be thirteen hundred and two dollars per annum in the
event a local law, ordinance or resolution is adopted pursuant to
paragraph b of subdivision two of section one hundred sixty-three of
this act, beginning with the month when such local law, ordinance or
resolution shall become effective, if she is then sixty-two years of age
or beginning with the month thereafter during which she attains age
sixty-two;

(3) in the case of a person retired for disability, either before or
after attaining age fifty, who attained such age before April first,
nineteen hundred fifty-seven, or who attains such age on or after such
date, the maximum retirement allowance or pension, computed without
optional modification, shall for the purposes hereof be thirteen hundred
and two dollars per annum in the event a local law, ordinance or
resolution is adopted pursuant to paragraph b of subdivision two of
section one hundred sixty-three of this act, beginning with the month
when such local law, ordinance or resolution shall become effective, if
he is then fifty years of age or beginning with the month thereafter
during which he attains age fifty;

(4) in the case where a local law, ordinance or resolution authorizing
additional supplemental pension payments pursuant to subdivision six of
section one hundred sixty-three of this act is adopted effective on or
after April first, nineteen hundred fifty-eight, such term shall for the
purposes hereof refer to such a person entitled to receive a monthly
supplemental pension in an amount which when added to his monthly
retirement allowance or pension, computed without optional modification,
shall be equal to one hundred fifty dollars.

5. The term "municipality" shall mean a county, city, town or village.

6. The term "comptroller" shall mean the state comptroller.