Legislation
SECTION 113
Creation or modification of local retirement systems prohibited
Retirement & Social Security (RSS) CHAPTER 51-A, ARTICLE 2, TITLE 12
§ 113. Creation or modification of local retirement systems
prohibited. a. No municipality, after April twelfth, nineteen hundred
twenty-two, shall create any retirement system for its officers or
employees.
b. Notwithstanding any inconsistent provisions of any general, special
or local law, ordinance or city or village charter, no municipality
shall have power to add, change, modify, supersede, amend or repeal any
provision relating to contributions payable to or pensions, annuities,
or other benefits payable by any pension or retirement system or fund
administered by such municipality or an agency thereof for the benefit
of officers or employees of such municipality, except as provided herein
or in article four or article six of this chapter. Any such provision
for the payment of a pension or retirement allowance of a fixed amount,
expressed in dollars, may be amended by the municipality to provide
future retirees with a pension or retirement allowance in terms of a
percentage, not to exceed fifty per cent, of the annual salary before
retirement of the officer or employee.
c. The provisions of subdivision b of this section shall not prevent a
municipality having the power to adopt local laws to provide by local
law, or a municipality not having the power to adopt local laws to
provide by ordinance or resolution, for increased-take-home-pay for
members of a pension or retirement system or fund administered by it or
by any agency thereof. Such local law, ordinance, or resolution may
provide a plan for increased-take-home-pay which shall not be
inconsistent with the provisions, limitations, restrictions and payroll
periods of the plans for increased-take-home-pay provided by chapters of
the laws of nineteen hundred sixty, entitled "An act to amend the
retirement and social security law, in relation to the addition of
pensions providing-for-increased-take-home-pay, death benefits, and
reopening of a plan for retirement at age fifty-five", "An act to amend
the retirement and social security law, in relation to authorizing the
provision of added pensions-providing-for-increased-take-home-pay and
death benefits for officers and employees of participating employers in
the New York state employees' retirement system", "An act to amend the
mental hygiene law, in relation to reducing contributions of members of
the New York state hospital system and providing added death benefits,"
and any acts amendatory thereof.
prohibited. a. No municipality, after April twelfth, nineteen hundred
twenty-two, shall create any retirement system for its officers or
employees.
b. Notwithstanding any inconsistent provisions of any general, special
or local law, ordinance or city or village charter, no municipality
shall have power to add, change, modify, supersede, amend or repeal any
provision relating to contributions payable to or pensions, annuities,
or other benefits payable by any pension or retirement system or fund
administered by such municipality or an agency thereof for the benefit
of officers or employees of such municipality, except as provided herein
or in article four or article six of this chapter. Any such provision
for the payment of a pension or retirement allowance of a fixed amount,
expressed in dollars, may be amended by the municipality to provide
future retirees with a pension or retirement allowance in terms of a
percentage, not to exceed fifty per cent, of the annual salary before
retirement of the officer or employee.
c. The provisions of subdivision b of this section shall not prevent a
municipality having the power to adopt local laws to provide by local
law, or a municipality not having the power to adopt local laws to
provide by ordinance or resolution, for increased-take-home-pay for
members of a pension or retirement system or fund administered by it or
by any agency thereof. Such local law, ordinance, or resolution may
provide a plan for increased-take-home-pay which shall not be
inconsistent with the provisions, limitations, restrictions and payroll
periods of the plans for increased-take-home-pay provided by chapters of
the laws of nineteen hundred sixty, entitled "An act to amend the
retirement and social security law, in relation to the addition of
pensions providing-for-increased-take-home-pay, death benefits, and
reopening of a plan for retirement at age fifty-five", "An act to amend
the retirement and social security law, in relation to authorizing the
provision of added pensions-providing-for-increased-take-home-pay and
death benefits for officers and employees of participating employers in
the New York state employees' retirement system", "An act to amend the
mental hygiene law, in relation to reducing contributions of members of
the New York state hospital system and providing added death benefits,"
and any acts amendatory thereof.