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This entry was published on 2014-09-22
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SECTION 902
Benefit enhancements
Retirement & Social Security (RSS) CHAPTER 51-A, ARTICLE 19
§ 902. Benefit enhancements. a. 1. An eligible employee (i) with a
date of membership in a retirement system prior to July twenty-seventh,
nineteen hundred seventy-six and (ii) who was in active service as of
April first, nineteen hundred ninety-nine and continued in active
service with a public employer up to and including (A) October first,
two thousand or, if earlier, (B) the eligible employee's date of
retirement or death, if applicable, (but no earlier than June first, two
thousand) shall receive one-twelfth of a year of additional retirement
credit for each year of retirement credit for service rendered as of the
date of retirement or death, if applicable, up to a maximum of two years
of retirement credit. Anything in the preceding sentence
notwithstanding, a member of the New York state teachers' retirement
system with a date of membership in such system prior to July
twenty-seventh, nineteen hundred seventy-six (other than a member who
has not rendered at least twenty days of credited service in any plan
year beginning on or after July first, nineteen hundred ninety-two) who
retires or dies, if applicable, on or after June first, two thousand
shall be entitled to receive the additional retirement credit provided
for in such sentence from such system.

2. The additional retirement service credit provided for in paragraph
one of this subdivision shall not apply to (i) an employee who retires
under a retirement plan which allows all members of such plan, without
regard to position, a twenty year service retirement without regard to
age or to (ii) an employee who retires under a retirement plan which
allows for twenty-five year service retirement without regard to age
when it has been determined that the criminal law enforcement service
creditable for such employee is in the aggregate more than fifty per
centum for duties not as a correction officer.

3. Notwithstanding any other provision of law, if the service
retirement benefit of an eligible employee is subject to a maximum
retirement benefit, the additional benefit authorized by this
subdivision shall be computed by multiplying the final average salary
times the number of years of service credit granted by this subdivision
times the benefit fraction of the plan under which the employee retires.

b. 1. An eligible employee (i) with a date of membership in a
retirement system on or after July twenty-seventh, nineteen hundred
seventy-six and before January first, two thousand ten, and (ii) who has
ten or more years of membership or ten or more years of credited service
with a retirement system under the provisions of article fourteen or
fifteen of this chapter shall not be required to contribute to a
retirement system pursuant to section five hundred seventeen or six
hundred thirteen of this chapter as of the cessation date.

2. No contribution made to a retirement system by an eligible employee
prior to the eligible employee's cessation date shall be refunded,
except as otherwise allowable pursuant to article fourteen or fifteen of
this chapter.

3. Nothing in this subdivision shall affect the obligation of an
eligible employee to repay any contributions previously refunded
pursuant to article fourteen or fifteen of this chapter with applicable
interest pursuant to section six hundred forty-five of this chapter in
the event such person rejoins a retirement system. Nothing in this
subdivision shall affect the obligation of an eligible employee to pay
such amounts as may be required by section five hundred seventeen, six
hundred nine or six hundred thirteen of this chapter or by any other
provision of law for service rendered prior to such employee's cessation
date or for service rendered prior to such employee's date of membership
at a time such employee was not a member of a retirement system.

c. The benefit enhancements provided for in this section shall be made
available to all eligible employees of a participating employer in a
retirement system.