New York Laws
Title 9 - General Provisions Relating to Retirement; Retirement Plans Applicable to Members Generally
375-C - Non-Contributory Retirement Plan Benefits.

§ 375-c. Non-contributory retirement plan benefits. a. In addition to
any retirement allowance to which a member may be entitled for services
rendered at any time other than expressly provided for herein, any
member covered by the provisions of sections three hundred
seventy-five-a or three hundred seventy-five-b of this chapter shall
upon retirement, receive a service retirement pension for the herein
provided period of service, in accordance with the provisions of
subdivisions b, c or d hereof, as the case may be, which shall be in
lieu of the service retirement pension and the pension for
increased-take-home-pay provided for in the sections of this chapter
hereinafter referred to.

b. 1. A member who had been contributing for service retirement
benefits on the basis of any of the plans contained in sections three
hundred seventy-one, three hundred seventy-one-a, three hundred
seventy-two or three hundred seventy-five of this chapter, shall receive
at retirement, for service rendered on and after April first, nineteen
hundred sixty, a pension computed on the basis of one-sixtieth of his
final average salary for each year of such service; provided, however,
persons who last became members on or after July first, nineteen hundred
seventy-three shall receive such pension only for service rendered on
and after April first, nineteen hundred sixty and prior to July first,
nineteen hundred seventy-four.

2. A member who had been contributing for service retirement benefits
on the basis of any of the plans contained in paragraph one hereof,
shall receive at retirement, for service rendered before April first,
nineteen hundred sixty, a pension computed on the basis of one-one
hundred twentieth of his final average salary for each year of credited
member service plus one-sixtieth of his final average salary for each
such year of credited prior service or service in war after world war I.
Notwithstanding anything to the contrary contained in section three
hundred seventy-five of this chapter, a member who had been contributing
as aforesaid shall be eligible for superannuation retirement upon
attainment of age fifty-five.

c. A member contributing for service retirement benefits on the basis
of any of the plans contained in the sections numbered three hundred
eighty-one, three hundred eighty-one-a, three hundred eighty-two, three
hundred eighty-three, three hundred eighty-three-a, three hundred
eighty-four, three hundred eighty-five, three hundred eighty-six, three
hundred eighty-seven, three hundred eighty-eight, for service rendered
on and after April first, nineteen hundred sixty, a pension of
one-fiftieth of his final average salary for each year of such credited
service during this period, with the total allowance hereunder
determined as defined and limited in the respective sections referred to
in this paragraph c and with the additional proviso that any
contributions made by the member during the period referred to in this
paragraph c shall be used at retirement to provide an additional annuity
over and above the retirement allowance otherwise provided, except that
persons who last became members on or after July first, nineteen hundred
seventy-three shall receive such pension only for service rendered on
and after April first, nineteen hundred sixty, and prior to July first,
nineteen hundred seventy-four.

d. A member who had been contributing for service retirement benefits
on the basis of the plans contained in sections three hundred
eighty-four-b, three hundred eighty-four-d or three hundred
eighty-five-a of this chapter, shall receive at retirement, for service
rendered on and after April first, nineteen hundred sixty a pension of
one-fortieth of his final average salary for each year of such credited
service during this period, with the total allowance hereunder

determined as defined and limited in the section referred to in this
paragraph d and with the additional proviso that any contributions made
by the member during the period referred to in this paragraph d shall be
used at retirement to provide an additional annuity over and above the
retirement allowance otherwise provided, except that persons who last
became members on or after July first, nineteen hundred seventy-three
shall receive such pension only for service rendered on and after April
first, nineteen hundred sixty and prior to July first, nineteen hundred
seventy-four.

e. In addition to the pension hereinabove provided, a member shall
receive an annuity which shall be the actuarial equivalent of his
accumulated contributions at the time of retirement.

f. The benefits hereinabove provided shall be payable unless the
member would otherwise under the provisions of this chapter be entitled
to a greater benefit, in which event, the greater benefit shall be
payable.