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This entry was published on 2015-12-25
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SECTION 375-F
Career retirement plan for state employees
Retirement & Social Security (RSS) CHAPTER 51-A, ARTICLE 8, TITLE 9
§ 375-f. Career retirement plan for state employees. 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 department of financial services 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, three hundred eighty-three-b and three hundred
eighty-three-d of this article, a member of any 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 any such section and
notwithstanding the limitations of any 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
title.

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.