N.Y.
Retirement & Social Security Law Section 604
Service retirement benefits
a.
The service retirement benefit at normal retirement age for a member with less than twenty years of credited service, or less than twenty-five years credited service for a member who joins the New York state teachers’ retirement system on or after January first, two thousand ten, shall be a retirement allowance equal to one-sixtieth of final average salary times years of credited service. Normal retirement age for members who first become members of a public retirement system of the state on or after April first, two thousand twelve shall be age sixty-three.b.
The service retirement benefit at normal retirement age for a member with twenty years or more of credited service, or with twenty-five or more years credited service for a member who first joins the New York state teachers’ retirement system on or after January first, two thousand ten, shall be a retirement allowance equal to one-fiftieth of final average salary times years of credited service not in excess of thirty years. Credited service in excess of thirty years shall provide an additional retirement allowance equal to three-two hundredths of the final average salary for each year of credited service in excess of thirty years. b-1. Notwithstanding any other provision of law to the contrary, the service retirement benefit for members with twenty or more years of credit service who first become a member of a public retirement system of the state on or after April first, two thousand twelve at age sixty-three shall be a pension equal to the sum of thirty-five per centum and one-fiftieth of final average salary for each year of service in excess of twenty times final average salary times years of credited service. In no event shall any retirement benefit payable without optional modification be less than the actuarially equivalent annuitized value of the member’s contributions accumulated with interest at five percent per annum compounded annually to the date of retirement.c.
The early service retirement benefit for a member who is a correction officer of the Westchester county correction department as defined in § 89-E (Retirement of correction officers of the Westchester county correction department)section eighty-nine-e of this chapter shall be a pension equal to one-fiftieth of final average salary times years of credited service at the completion of twenty-five years of service as such correction officer, but not exceeding one-half of his or her final average salary.d.
The early service retirement for a member who is employed in Suffolk county as a correction officer as defined in § 89-F (Retirement of county correction officers in Suffolk county)section eighty-nine-f of this chapter, shall be a pension equal to one-fiftieth of final average salary times years of credited service at the completion of twenty-five years of service as such correction officer, but not exceeding one-half of his or her final average salary.e.
The early service retirement for a member who is employed in Nassau county as a correction officer, uniformed correction division personnel, sheriff, undersheriff or deputy sheriff, as defined in § 89-G (Retirement of county correction officers, uniformed correction division personnel, sheriffs, deputy sheriffs and undersheriffs in Nassau ...)section eighty-nine-g of this chapter, shall be a pension equal to one-fiftieth of final average salary times years of credited service at the completion of twenty-five years of service as such correction officer, uniformed correction division personnel, sheriff, undersheriff or deputy sheriff, but not exceeding one-half of his or her final average salary.f.
The early service retirement for a member who is employed in Albany county as a sheriff, undersheriff, deputy sheriff, correction officer or identification officer as defined in § 89-H (Retirement of sheriffs, undersheriffs, deputy sheriffs, correction officers and identification officers in Albany county)section eighty-nine-h of this chapter shall be a pension equal to one-fiftieth of final average salary times years of credited service at the completion of twenty-five years of service as such sheriff, undersheriff, deputy sheriff, correction officer or identification officer, but not exceeding one-half of his or her final average salary. ** g. The early service retirement benefit for a member who is employed in St. Lawrence county as a sheriff, undersheriff, deputy sheriff or correction officer as defined in § 89-I (Retirement of sheriffs, undersheriffs, deputy sheriffs and correction officers in St)section eighty-nine-i of this chapter shall be a pension equal to one-fiftieth of final average salary times years of credited service at the completion of twenty-five years of service as such sheriff, undersheriff, deputy sheriff or correction officer, but not exceeding one-half of his or her final average salary. ** NB There are 3 sb g’s ** g. The early service retirement benefit for a member who is employed in Orleans county as a sheriff, undersheriff, deputy sheriff or correction officer as defined in § 89-L (Retirement of sheriffs, undersheriffs, deputy sheriffs and correction officers in Orleans county)section eighty-nine-l of this chapter shall be a pension equal to one-fiftieth of final average salary times years of credited service at the completion of twenty-five years of service as such sheriff, undersheriff, deputy sheriff or correction officer, but not exceeding one-half of his or her final average salary. ** NB There are 3 sb g’s ** g. The early service retirement benefit for a member who is employed in Jefferson county as a sheriff, undersheriff, deputy sheriff or correction officer as defined in § 89-J (Retirement of sheriffs, undersheriffs, deputy sheriffs and correction officers in Jefferson county)section eighty-nine-j of this chapter shall be a pension equal to one-fiftieth of final average salary times years of credited service at the completion of twenty-five years of service as such sheriff, undersheriff, deputy sheriff or correction officer, but not exceeding one-half of his or her final average salary. ** NB There are 3 sb g’s h. The early service retirement benefit for a member who is employed in Onondaga county as a deputy sheriff-jail division competitively appointed or as a correction officer as defined in § 89-K (Retirement of deputy sheriffs and correction officers in Onondaga county)section eighty-nine-k of this chapter shall be a pension equal to one-fiftieth of final average salary times years of credited service at the completion of twenty-five years of service as such deputy sheriff-jail division competitively appointed or as such correction officer, but not exceeding one-half of his or her final average salary.i.
1. The early service retirement benefit for a member who is employed in the office of the district attorney of Westchester county as a chief criminal investigator, deputy chief criminal investigator, criminal investigator, senior criminal investigator, confidential criminal investigator, assistant criminal investigator or criminal investigator/arson shall be a pension equal to one-fiftieth of final average salary times years of credited service at the completion of twenty-five years of service as such chief criminal investigator, deputy chief criminal investigator, criminal investigator, senior criminal investigator, confidential criminal investigator, assistant criminal investigator or criminal investigator/arson, but not exceeding one-half of his or her final average salary.2.
Notwithstanding the provisions of paragraph one of this subdivision, if the county of Westchester elects to provide the retirement benefit pursuant to this paragraph by adopting a resolution to such effect and filing a certified copy thereof with the comptroller, the early service retirement benefit for a member who is employed in the office of the district attorney of Westchester county as a chief criminal investigator, deputy chief criminal investigator, criminal investigator, senior criminal investigator, confidential criminal investigator, assistant criminal investigator or criminal investigator/arson shall be a pension equal to one-fortieth of final average salary times years of credited service at the completion of twenty years of service as such chief criminal investigator, deputy chief criminal investigator, criminal investigator, senior criminal investigator, confidential criminal investigator, assistant criminal investigator or criminal investigator/arson, but not exceeding one-half of his or her final average salary.j.
The early service retirement benefit for a member who is employed in Broome county as a sheriff, undersheriff, deputy sheriff or correction officer as defined in § 89-M (Retirement of sheriffs, undersheriffs, deputy sheriffs and correction officers in Broome county)section eighty-nine-m of this chapter shall be a pension equal to one-fiftieth of final average salary times years of credited service at the completion of twenty-five years of service as such sheriff, undersheriff, deputy sheriff or correction officer, but not exceeding one-half of his or her final average salary.k.
The early service retirement benefit for a member who is a Monroe county deputy sheriff-court security, or deputy sheriff-jailor as defined in § 89-N (Computation of twenty-five years of service)section eighty-nine-n of this chapter shall be a pension equal to one-fiftieth of final average salary times years of credited service at the completion of twenty-five years of service as such deputy sheriff-court security, or deputy sheriff-jailor, but not exceeding one-half of his or her final average salary.l.
The early service retirement for a member who is employed in Greene county as a sheriff, undersheriff, deputy sheriff or correction officer as defined in § 89-O (Retirement of sheriffs, undersheriffs, deputy sheriffs and correction officers in Greene county)section eighty-nine-o of this chapter shall be a pension equal to one-fiftieth of final average salary times years of credited service at the completion of twenty-five years of service as such sheriff, undersheriff, deputy sheriff or correction officer, but not exceeding one-half of his or her final average salary.m.
The early service retirement benefit for a member who is employed in a county that makes the election provided for in subdivision j of § 89-P (Optional twenty-five year retirement plan for certain sheriffs, undersheriffs, deputy sheriffs and correction officers whose employer ele...)section eighty-nine-p of this chapter as a sheriff, undersheriff, deputy sheriff or correction officer as defined in § 89-P (Optional twenty-five year retirement plan for certain sheriffs, undersheriffs, deputy sheriffs and correction officers whose employer ele...)section eighty-nine-p of this chapter shall be a pension equal to one-fiftieth of final average salary times years of credited service at the completion of twenty-five years of service as such sheriff, undersheriff, deputy sheriff or correction officer, but not exceeding one-half of his or her final average salary.n.
The early service retirement benefit for a member who is a traffic officer with the town of Elmira as defined in § 89-Q (Retirement of traffic officers with the town of Elmira)section eighty-nine-q of this chapter shall be a pension equal to one-fiftieth of final average salary times years of credited service at the completion of twenty-five years of service as such traffic officer, but not exceeding one-half of his or her final average salary.o.
The early service retirement for a member who is employed by Suffolk county as a park police officer as defined in § 89-R (Retirement of county park police officers in Suffolk county)section eighty-nine-r of this chapter, shall be a pension equal to one-fiftieth of final average salary times years of credited service at the completion of twenty-five years of service as such park police officer, but not exceeding one-half of his or her final average salary. As used in this section “creditable service” shall include any and all services performed as a park police officer of the Suffolk county department of parks, and any and all services performed as a park ranger of the Suffolk county department of parks. ** p. The early service retirement for a member who is employed as a peace officer as defined in § 89-S (Retirement of members who serve as peace officers in the Suffolk county probation department)section eighty-nine-s of this chapter, shall be a pension equal to one-fiftieth of final average salary times years of credited service at the completion of twenty-five years of service as such probation officer, but not exceeding one-half of his or her final average salary. ** NB There are 4 sb p’s * p. The early service retirement for a member who is employed as an ambulance medical technician, ambulance medical technician/supervisor or a member who performs ambulance medical technician related services, or a police medic, police medic supervisor or a member who performs police medic related services as defined in § 89-S (Retirement of members who serve as peace officers in the Suffolk county probation department)section eighty-nine-s of this chapter, shall be a pension equal to one-fiftieth of final average salary times years of credited service at the completion of twenty-five years of service, but not exceeding one-half of his or her final average salary; for service beyond twenty-five years the benefits shall increase by one-sixtieth of final average salary for each year of additional service credit provided, however, that the total allowance payable pursuant to this section shall not exceed three-fourths of such member’s final average salary. ** NB There are 4 sb p’s ** p. The early service retirement for a member who is employed as a peace officer as defined in § 89-S (Retirement of members who serve as peace officers in the Suffolk county probation department)section eighty-nine-s of this chapter, shall be a pension equal to one-fiftieth of final average salary times years of credited service at the completion of twenty-five years of service as such probation officer, but not exceeding one-half of his or her final average salary. ** NB There are 4 sb p’s ** p. If the county of Rockland elects to provide the retirement benefit pursuant to this subdivision by adopting a resolution to such effect and filing a certified copy thereof with the comptroller, the early service retirement benefit for a member who is employed in the office of the district attorney of Rockland county as a chief investigator/detective, criminal investigator-electronics, criminal investigator-child abuse, senior criminal investigator or criminal investigator shall be a pension equal to one-fortieth of final average salary times years of credited service for the first twenty years of service plus an additional one-sixtieth of final average salary times years of credited service for each year beyond the first twenty years of service as such chief investigator/detective, criminal investigator-electronics, criminal investigator-child abuse, senior criminal investigator or criminal investigator, but not exceeding three-fourths of his or her final average salary. ** NB There are 4 sb p’s ** q. The early service retirement benefit for a member who is employed in a county that makes the election provided for in subdivision j of § 89-T (Optional twenty-five year retirement plan for county probation officers)section eighty-nine-t of this chapter as a peace officer as defined in § 89-T (Optional twenty-five year retirement plan for county probation officers)section eighty-nine-t of this chapter shall be a pension equal to one-fiftieth of final average salary times years of credited service at the completion of twenty-five years of service as such peace officer in a county probation department, but not exceeding one-half of his or her final average salary. ** NB There are 2 sb q’s ** q. The early service retirement benefit for a member who is a qualifying member as defined in subdivision a of § 89-T (Optional twenty-five year retirement plan for county probation officers)section eighty-nine-t of this chapter shall be a pension equal to one-fiftieth of final average salary times years of qualifying service, as defined in § 89-T (Optional twenty-five year retirement plan for county probation officers)section eighty-nine-t of this chapter, at the completion of twenty-five years of such service, but not exceeding one-half of his or her final average salary. ** NB There are 2 sb q’s r. If the county of Suffolk elects to provide the retirement benefit pursuant to this subdivision by adopting a resolution to such effect and filing a certified copy thereof with the comptroller, the early service retirement benefit for a member which is employed in the office of the district attorney of Suffolk county as a detective investigator, senior detective investigator, principal detective investigator, special investigator, or district attorney investigator, shall be a pension equal to one-fortieth of final average salary times years of credited service for the first twenty years of service plus an additional one-sixtieth of final average salary times years of credited service beyond the first twenty years of service as such detective investigator, senior detective investigator, principal detective investigator, special investigator, or district attorney investigator, but not exceeding three fourths of his or her final average salary. ** s. The early service retirement benefit for a member who is a paramedic employed by the police department in the town of Tonawanda as defined in § 89-V (Retirement of deputy sheriffs-civil in Rockland county)section eighty-nine-v of this chapter shall be a pension equal to one-fiftieth of final average salary times years of credited service at the completion of twenty-five years of service as such paramedic, but not exceeding one-half of his or her final average salary. In addition thereto, upon retirement, each such member shall receive, for each year of service in excess of twenty-five years, a pension which shall be equal to one-sixtieth of his or her final average salary. The total allowance payable pursuant to this section shall not exceed three-quarters of such member’s final average salary. ** NB There are 3 sb s’s ** s. The early service retirement for a member who is employed as a deputy sheriff-civil as defined in § 89-V (Retirement of deputy sheriffs-civil in Rockland county)section eighty-nine-v of this chapter, shall be a pension equal to one-fiftieth of final average salary times years of credited service at the completion of twenty-five years of service as such deputy sheriff-civil, but not exceeding one-half of his or her final average salary. ** NB There are 3 sb s’s ** s. The early service retirement for a member who is employed in Rockland county as a correction officer as defined in § 89-V (Retirement of deputy sheriffs-civil in Rockland county)section eighty-nine-v of this chapter shall be a pension equal to one-fiftieth of final average salary times years of credited service at the completion of twenty-five years of service as such correction officer, but not exceeding one-half of his or her final average salary. ** NB There are 3 sb s’s t. The early service retirement benefit for a member who is employed in the county of Nassau as a county fire marshal, supervising fire marshal, fire marshal, assistant fire marshal, assistant chief fire marshal, chief fire marshal or division supervising fire marshal as defined in § 89-W (Optional twenty-five year retirement plan for county fire marshals in the county of Nassau)section eighty-nine-w of this chapter shall be a pension equal to one-fiftieth of final average salary times years of credited service at the completion of twenty-five years of service as such county fire marshal, supervising fire marshal, fire marshal, assistant fire marshal, assistant chief fire marshal, chief fire marshal or division supervising fire marshal, but not exceeding one-half of his or her final average salary.u.
The early service retirement for a member who is employed as a deputy sheriff-civil as defined in § 89-X (Retirement of deputy sheriffs-civil in Monroe county)section eighty-nine-x of this chapter, shall be a pension equal to one-fiftieth of final average salary times years of credited service at the completion of twenty-five years of service as such deputy sheriff-civil, but not exceeding one-half of his or her final average salary.v.
The early service retirement benefit for a member who is employed by a participating fire district that makes the election provided for in subdivision j of § 89-SS (Retirement of members employed as an emergency medical technician, critical care technician, advanced emergency medical technician, param...)section eighty-nine-ss of this chapter as an emergency medical technician, critical care technician, advanced emergency medical technician, paramedic or supervisor of such titles in a participating Suffolk county fire district as defined in § 89-SS (Retirement of members employed as an emergency medical technician, critical care technician, advanced emergency medical technician, param...)section eighty-nine-ss of this chapter shall be a pension equal to one-fiftieth of final average salary times years of credited service at the completion of twenty-five years of service as such participating Suffolk county fire district emergency medical technician, critical care technician, advanced emergency medical technician, paramedic or supervisor of such titles, but not exceeding one-half of his or her final average salary; for service beyond twenty-five years the benefits shall increase by one-sixtieth of final average salary for each year of additional service credit provided, however, that the total allowance payable pursuant to this section shall not exceed three-fourths of such member’s final average salary.
Source:
Section 604 — Service retirement benefits, https://www.nysenate.gov/legislation/laws/RSS/604 (updated Dec. 15, 2023; accessed Apr. 13, 2024).
