Legislation
SECTION 511-A
Special service retirement
Education (EDN) CHAPTER 16, TITLE 1, ARTICLE 11
§ 511-a. Special service retirement. 1. Retirement upon a special
service retirement allowance shall be made under the following
conditions: Any member, by written notice duly acknowledged and filed
with the retirement board before the first day of July, nineteen hundred
sixty-seven, or within two years after he last became a member,
whichever is later, may elect to contribute pursuant to this section on
the basis of retirement at an age within five years of the age when he
would be eligible for superannuation retirement as provided under
subdivision one of section five hundred ten, but not before age
fifty-five. After such election the rate of deduction from the earnable
compensation of the contributor shall be six and one-half per centum if
his normal rate as provided under section five hundred sixteen is four
per centum, and shall be eight per centum if such normal rate is five
per centum. Where a member elects to contribute pursuant to this
section, contributions at such higher rate shall be made from the first
day of July, nineteen hundred sixty-seven, or from the first of the
month following the expiration of thirty days subsequent to the filing
of his election, whichever is later. If, at the time of retirement, the
member's accumulated contributions are insufficient to provide an
annuity equal to the pension provided under paragraph b of subdivision
four of this section, he shall have the privilege of paying into the
retirement system by a single payment the amount required in addition to
his accumulated contributions to provide an annuity equal to said
pension.
2. One year or more after the filing thereof, a member may withdraw
his election to contribute pursuant to this section on the basis of
special service retirement. Such withdrawal shall be by written notice
duly acknowledged and filed with the retirement board. Such member
thereafter shall contribute on the basis of his rate of normal
contribution. Such member, upon application at any time prior to
retirement and with the approval of the retirement board, shall be
entitled to a refund of the amount of his contributions and regular
interest thereon, which is in excess of the amount of the accumulated
contributions which he would then have to his credit had he been
contributing on the basis of his rate of normal contribution.
3. Any member electing to contribute towards a special service
retirement allowance under the provisions of this section, who has
attained age fifty-five or over while in service, shall be eligible to
retire at any time within five years before the date he would be
eligible for superannuation retirement as provided under subdivision one
of section five hundred ten, if he files with the retirement board a
statement duly attested setting forth at what time not less than thirty
days nor more than ninety days subsequent to the execution and filing
thereof he desires such retirement.
4. Upon special service retirement, a member shall receive a special
service retirement allowance which shall consist of:
a. An annuity which shall be the actuarial equivalent of his
accumulated contributions at the time of his retirement, and
b. A pension of one quarter of his final average salary or if his
total service is less than twenty-five years, a pension of one
one-hundredth of his final average salary multiplied by the number of
years of total service, and
c. If the member be a present teacher, a further pension of one
one-hundred fortieth of his final average salary multiplied by the
number of years of total service certified on his prior service
certificate, and
d. If the member has contributed pursuant to paragraph c of
subdivision three of section five hundred sixteen, a further pension of
one one-hundred twentieth (1/120) of his final average salary multiplied
by the number of years of total service in excess of twenty-five years
but not in excess of thirty-five years, nor in excess of the number of
years for which credit is allowed under paragraph d of subdivision three
of section five hundred sixteen.
service retirement allowance shall be made under the following
conditions: Any member, by written notice duly acknowledged and filed
with the retirement board before the first day of July, nineteen hundred
sixty-seven, or within two years after he last became a member,
whichever is later, may elect to contribute pursuant to this section on
the basis of retirement at an age within five years of the age when he
would be eligible for superannuation retirement as provided under
subdivision one of section five hundred ten, but not before age
fifty-five. After such election the rate of deduction from the earnable
compensation of the contributor shall be six and one-half per centum if
his normal rate as provided under section five hundred sixteen is four
per centum, and shall be eight per centum if such normal rate is five
per centum. Where a member elects to contribute pursuant to this
section, contributions at such higher rate shall be made from the first
day of July, nineteen hundred sixty-seven, or from the first of the
month following the expiration of thirty days subsequent to the filing
of his election, whichever is later. If, at the time of retirement, the
member's accumulated contributions are insufficient to provide an
annuity equal to the pension provided under paragraph b of subdivision
four of this section, he shall have the privilege of paying into the
retirement system by a single payment the amount required in addition to
his accumulated contributions to provide an annuity equal to said
pension.
2. One year or more after the filing thereof, a member may withdraw
his election to contribute pursuant to this section on the basis of
special service retirement. Such withdrawal shall be by written notice
duly acknowledged and filed with the retirement board. Such member
thereafter shall contribute on the basis of his rate of normal
contribution. Such member, upon application at any time prior to
retirement and with the approval of the retirement board, shall be
entitled to a refund of the amount of his contributions and regular
interest thereon, which is in excess of the amount of the accumulated
contributions which he would then have to his credit had he been
contributing on the basis of his rate of normal contribution.
3. Any member electing to contribute towards a special service
retirement allowance under the provisions of this section, who has
attained age fifty-five or over while in service, shall be eligible to
retire at any time within five years before the date he would be
eligible for superannuation retirement as provided under subdivision one
of section five hundred ten, if he files with the retirement board a
statement duly attested setting forth at what time not less than thirty
days nor more than ninety days subsequent to the execution and filing
thereof he desires such retirement.
4. Upon special service retirement, a member shall receive a special
service retirement allowance which shall consist of:
a. An annuity which shall be the actuarial equivalent of his
accumulated contributions at the time of his retirement, and
b. A pension of one quarter of his final average salary or if his
total service is less than twenty-five years, a pension of one
one-hundredth of his final average salary multiplied by the number of
years of total service, and
c. If the member be a present teacher, a further pension of one
one-hundred fortieth of his final average salary multiplied by the
number of years of total service certified on his prior service
certificate, and
d. If the member has contributed pursuant to paragraph c of
subdivision three of section five hundred sixteen, a further pension of
one one-hundred twentieth (1/120) of his final average salary multiplied
by the number of years of total service in excess of twenty-five years
but not in excess of thirty-five years, nor in excess of the number of
years for which credit is allowed under paragraph d of subdivision three
of section five hundred sixteen.