§ 163. Computation of supplemental pensions. 1. The monthly
supplemental pension to be paid to a state retired employee shall be
computed by

(a) multiplying by forty (or forty-three and two-fifths in a case
where a retired employee may under this act receive a maximum retirement
allowance or pension, computed without optional modification, of
thirteen hundred and two dollars) the number of years, not exceeding
thirty, of allowable and credited service on which his retirement
allowance or pension is based,

(b) subtracting therefrom the amount of his annual retirement
allowance or pension, computed without optional modification, and

(c) dividing the results so obtained by twelve.

2. In no event shall the monthly supplemental pension paid to a state
retired employee exceed

(a) twenty-five dollars, or thirty-three dollars and fifty cents in
any case where the maximum under paragraph (b) of this subdivision is
one hundred eight dollars and fifty cents, or

(b) an amount which, when added to an amount equal to one-twelfth of
his annual retirement allowance or pension, computed without optional
modification, exceeds

(1) the sum of one hundred dollars, or

(2) one hundred eight dollars and fifty cents, in the case of a state
retired employee who attained age sixty-five before April first,
nineteen hundred fifty-six, or who attains such age on or after such
date, beginning with the month of April nineteen hundred fifty-six, if
he is then sixty-five years of age or beginning with the month
thereafter during which he attains age sixty-five, or who is a female
person who attained age sixty-two before April first, nineteen hundred
fifty-seven, or who attains such age on or after such date, beginning
with the month of April nineteen hundred fifty-seven, if she is then
sixty-two years of age or beginning with the month thereafter during
which she attains age sixty-two, or is retired for disability, either
before or after attaining age fifty, and who attained such age before
April first, nineteen hundred fifty-seven, or who attains such age on or
after such date, beginning with the month of April nineteen hundred
fifty-seven, if he is then fifty years of age or beginning with the
month thereafter during which he attains age fifty, or

(3) one hundred eight dollars and fifty cents, in the case of a local
retired employee, where the municipality shall have provided by local
law, ordinance or resolution for payments up to such sum for local
retired employees who attained age sixty-five before April first,
nineteen hundred fifty-six, or who attain such age on or after such
date, beginning with the month when such local law, ordinance or
resolution shall become effective, if such local retired employee is
then sixty-five years of age or beginning with the month thereafter
during which he attains age sixty-five, or who are female persons who
attained age sixty-two before April first, nineteen hundred fifty-seven,
or who attain such age on or after such date, beginning with the month
when such local law, ordinance or resolution shall become effective, if
such local retired employee is then sixty-two years of age or beginning
with the month thereafter during which she attains age sixty-two, or who
are retired for disability, either before or after attaining age fifty,
and who attained age fifty before April first, nineteen hundred
fifty-seven, or who attain such age on or after such date, beginning
with the month when such local law, ordinance or resolution shall become
effective, if such local retired employee is then fifty years of age or
beginning with the month thereafter during which she attains age fifty.

3. Except as otherwise provided by or pursuant to subdivision five or
subdivision six of this section, the monthly supplemental pension to be
paid to a state retired teacher shall be twenty-five dollars plus the
amount, if any, by which one-twelfth of his annual retirement allowance,
computed without optional modification, is less than fifty dollars. In
no event shall the monthly supplemental pension paid to a state retired
teacher exceed an amount which, when added to an amount equal to
one-twelfth of his annual retirement allowance, computed without
optional modification, exceeds the sum of one hundred dollars.

4. For the purposes of this section, in determining the number of
years of allowable and credited service, a major fraction of a year
shall be counted as a full year.

5. Notwithstanding any other provision of this act but except as
otherwise provided by or pursuant to subdivision six and subdivision
seven of this section, any state retired teacher who

(a) attained age sixty-five before April first, nineteen hundred
fifty-six, or who attains such age on or after such date and who is
receiving or is entitled to receive a supplemental pension pursuant to
this act on or after such date shall, beginning with the month of April,
nineteen hundred fifty-six, if he is then sixty-five years of age or
beginning with the month thereafter during which he attains age
sixty-five, or

(b) is a female person who attained age sixty-two before April first,
nineteen hundred fifty-seven, or who attains such age on or after such
date and who is receiving or entitled to receive a supplemental pension
pursuant to this act on or after such date shall, beginning with the
month of April, nineteen hundred fifty-seven, if she is then sixty-two
years of age or beginning with the month thereafter during which she
attains age sixty-two, or

(c) is retired for disability, either before or after attaining age
fifty, and who attained such age before April first, nineteen hundred
fifty-seven, or who attains such age on or after such date and who is
receiving or entitled to receive a supplemental pension pursuant to this
act on or after such date shall, beginning with the month of April,
nineteen hundred fifty-seven, if he is then fifty years of age or
beginning with the month thereafter during which he attains age fifty,
receive a monthly supplemental pension in an amount which when added to
his monthly retirement allowance or pension, computed without optional
modification, including any modification due to additional contributions
as authorized by subdivision three of section five hundred sixteen of
the education law shall be equal to one hundred eight dollars and fifty
cents; provided, however, that this subdivision shall not become
operative in the case of a local retired teacher unless and until a
local law, ordinance or resolution authorizing such additional
supplemental pension payments for such a person or persons shall have
become effective.
receive a monthly supplemental pension in an amount which when added to
his monthly retirement allowance or pension, computed without optional
modification, shall be equal to one hundred eight dollars and fifty
cents; provided, however, that this subdivision shall not become
operative in the case of a local retired teacher unless and until a
local law, ordinance or resolution authorizing such additional
supplemental pension payments for such a person or persons shall have
become effective.

6. Notwithstanding any other provision of this act except as otherwise
provided by or pursuant to subdivision seven of this section, (a) a
state retired teacher, having retired prior to July first, nineteen
hundred sixty-one, who is not receiving the primary benefit obtained
under the federal old-age, survivors, and disability insurance system,
shall receive, beginning with the month of September, nineteen hundred
sixty-five, a monthly supplemental pension in an amount which when added
to his monthly retirement allowance or pension, computed without
optional modification, shall be equal to two hundred dollars and
beginning with the month of September, nineteen hundred seventy, a
monthly supplemental pension in an amount which, when added to his
monthly retirement allowance or pension, computed without optional
modification, shall be equal to two hundred twenty-five dollars, or (b)
a state retired teacher, having retired prior to July first, nineteen
hundred sixty-one, who is receiving the primary benefit obtained under
the federal old-age, survivors, and disability insurance system, shall
receive, beginning with the month of April, nineteen hundred sixty-five,
a monthly supplemental pension in an amount which, when added to his
monthly retirement allowance or pension, without optional modification,
shall be equal to one hundred seventy-five dollars; provided, however,
that this subdivision shall not become operative in the case of a local
retired teacher unless and until a local law, ordinance or resolution
authorizing such additional supplemental pension payments for such a
person or persons shall have become effective, and further provided that
nothing herein contained shall be construed to reduce any pension or
retirement allowance, or supplemental pension being received by any
retired teacher prior to April first, nineteen hundred sixty-five. As
used in this subdivision the term "optional modification" includes
modification due to additional contributions authorized by subdivision
three of section five hundred sixteen of the education law.

7. For persons retiring after June thirtieth, nineteen hundred sixty
and prior to the effective date of this chapter, and who are otherwise
eligible for supplementation under provisions of this act, a retroactive
payment for supplemental pensions shall be made, as if chapter one
thousand forty of the laws of nineteen hundred sixty had not been
enacted, covering the period between the date of retirement and the
effective date of this chapter.