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This entry was published on 2019-01-11
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SECTION 378
Supplemental retirement allowance
Retirement & Social Security (RSS) CHAPTER 51-A, ARTICLE 8, TITLE 9
§ 378. Supplemental retirement allowance. a. A supplemental
retirement allowance shall be paid to pensioners of the retirement
system who have retired prior to the calendar year nineteen hundred
ninety-four. Such supplemental retirement allowance shall be payable on
the basis provided for herein, commencing with a payment for the month
of September, nineteen hundred ninety-nine and continuing through the
month of August, two thousand. Said supplemental retirement allowance
shall be a percentage of the retirement allowance otherwise payable,
computed without optional modification. Said percentage, for each
calendar year of retirement, is set forth in subdivision b of this
section. Said supplemental retirement allowance shall be computed on the
basis of the first fourteen thousand dollars of such annual retirement
allowance and shall be payable commencing September first, nineteen
hundred ninety-nine to all disability pensioners, and to other
pensioners who have attained age sixty-two or who have been retired for
ten years or more and have attained age fifty-five.

b. In calculating the supplemental retirement allowance in accordance
with subdivision a of this section, the following percentages will be
used for each calendar year of retirement, as appropriate:
Calendar year of retirement Percentage
1993 1.5
1992 1.5
1991 1.5
1990 1.5
1989 2.8
1988 3.7
1987 4.5
1986 5.5
1985 6.3
1984 7.4
1983 8.3
1982 10.5
1981 12.5
1980 15.6
1979 19.9
1978 25.4
1977 30.3
1976 37.8
1975 42.5
1974 54.0
1973 73.0
1972 86.0
1971 96.7
1970 105.0
1969 141.8
1968 169.0
1967 195.9
1966 203.7
1965 230.5
1964 254.5
1963 278.6
1962 310.0
1961 330.0
1960 340.0
1959 390.0
1958 427.3
1957 442.3
1956 460.2
1955 468.6
1954 466.5
1953 470.7
1952 475.0
1951 486.1
1950 532.3
1949 540.3
1948 532.3
1947 583.4
1946 681.5
1945 746.6
1944 765.9
1943 780.9
1942 834.9
1941 936.7
1940 988.5
1939 996.4
1938 980.8
1937 958.3
1936 996.4
1935 1012.4
1934 1037.3
1933 1072.3
1932 1012.4
1931 902.6
1930 812.5

c. The supplemental retirement allowance shall be rounded off to the
nearest dollar.

d. The benefits hereinabove provided for shall be in lieu of the
benefits presently provided by articles four and six of this chapter
unless such benefits are in excess of those provided by this section, in
which latter case such benefits shall be paid by the retirement system
pursuant to this section.

e. Contributions shall be made to the pension accumulation fund by, or
on account of, the state and each participating employer at a rate fixed
by the actuary, which shall be computed to be sufficient to provide the
benefits established by this section.

f. The supplemental retirement allowance authorized by this section
shall also be paid in the same manner set forth above to a police
officer and firefighter sixty-two years of age or older who is retired,
or any person retired for disability regardless of age, or any spouse
qualifying pursuant to subdivision h of this section, and who receives,
as a result, a retirement allowance or pension from any state
administered and operated retirement or pension plan or system, not
including, however, the New York state teachers retirement system.

g. The cost of providing supplemental retirement allowance payments
pursuant to subdivision f of this section shall be paid from the
supplemental pension fund, and the comptroller shall include with his
budget estimate furnished to the governor for each fiscal year, amounts
estimated by him to be sufficient to reimburse the supplemental pension
fund for such payments. No monies belonging to any publicly administered
and operated retirement or pension system or plan shall be appropriated
or used for any purpose or for any payment authorized or required by
subdivision f of this section.

h. Notwithstanding any other provision of law, (i) the spouse of a
deceased pensioner, who had elected one of the options pursuant to this
chapter which provides that benefits are to be continued for the life of
such spouse after the death of the pensioner, or (ii) the spouse of a
deceased pensioner who had provided pursuant to a closed local pension
plan which was subsequently assumed by the state, that benefits are to
be continued for the life of such spouse after the death of the
pensioner, shall be entitled to receive a monthly supplemental
retirement allowance pursuant to this subdivision. Said monthly
supplemental retirement allowance shall be equal in amount to one-half
of the monthly supplemental retirement allowance which the pensioner
would be receiving if living and shall commence upon the death of the
pensioner.