New York Laws
Title 8 - General Provisions Relating to Retirement; Retirement Plans Applicable to Members Generally
75-F - Career Retirement Plan for State Employees.

(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 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 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
plan set forth in section eighty-nine of this chapter, a member of 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 section
eighty-nine and notwithstanding the limitations of 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 paragraph one of subdivision a of section seventy-five-c
and of paragraph one of subdivision a of section 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.