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This entry was published on 2016-09-09
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SECTION 511
Coordination with social security benefits
Retirement & Social Security (RSS) CHAPTER 51-A, ARTICLE 14
§ 511. Coordination with social security benefits. a. A member's
service retirement or disability benefit shall be reduced by fifty
percent of the primary social security retirement or disability benefit,
as the case may be, commencing at (i) age sixty-two, with respect to
service retirement benefits which commence at or before such age, or
disability benefits paid to a disability retiree who is not eligible for
or receiving primary social security disability benefits, or (ii) on the
date on which such member first becomes eligible to receive primary
social security disability benefits, with respect to disability benefits
paid to a disability retiree who is eligible for primary social security
disability benefits, or (iii) on the date such member separates from
service, if later than age sixty-two.

b. A member's primary social security retirement or disability benefit
shall mean the social security benefit computed as of the time of
separation from service on benefit levels then in effect. In no event
shall a benefit payable under this article be reduced as a result of any
increase in social security benefits which occurs after the day on which
such member last separated from service. Provided, however, in
determining the applicable date pursuant to the preceding sentence, any
period of service immediately prior to such separation which was not
allowable as credited service pursuant to section five hundred thirteen
shall be disregarded.

c. 1. A member's primary social security retirement or disability
benefit, for offset purposes, shall be the member's federal social
security primary insurance amount, calculated as hereinafter provided.
In determining a member's primary insurance amount, only wages for
service with a public employer shall be included during years of such
service, and zero earnings shall be used for all other years in the
member's federal social security benefit computation period. Provided,
however, that a member's primary insurance amount shall in no event
exceed the amount determined pursuant to paragraph two.

2. A member's primary insurance amount shall be determined under this
paragraph if a lower amount would thereby result. In determining a
member's primary insurance amount hereunder, only wages for service with
a public employer shall be included during years of such service. The
member's highest annual wage earned during any calendar year of the
final five calendar years of service with a public employer shall be
used for all years of the member's federal social security benefit
computation period, if any, falling after such member's separation from
such service up to age sixty-two if separation occurs before age
sixty-two. Such highest annual wage shall be used for the final calendar
year of service and, reduced by five percent per year for each year
preceding such final calendar year of service, shall be used for all
years of the applicable social security benefit computation period which
precede the final calendar year of such member's service with a public
employer. The primary insurance amount, as determined above, shall be
then reduced by a fraction, the numerator of which shall be the total
years and parts thereof (measured in months) of service with a public
employer, and the denominator of which shall be the total number of
years in the member's social security benefit computation period.

d. The member's primary social security disability benefit, for offset
purposes, shall equal the member's primary insurance amount. The
member's primary social security retirement benefit, for offset
purposes, shall equal the member's primary insurance amount

(i) reduced by five-ninths of one percent for each month, or part
thereof, that separation from service upon retirement (or the date
benefits commence, if later) precedes attainment of age sixty-five,
provided that such reduction, in no event, shall exceed twenty percent,
or

(ii) increased by one-twelfth of one percent for each month that
separation from service upon retirement exceeds attainment of age
sixty-five.

e. Except as otherwise provided herein, a member's primary insurance
amount shall be determined as provided in the federal social security
act, and the rules and regulations promulgated thereunder.

f. This section shall not apply to general members in the uniformed
correction force of the New York city department of correction or to
uniformed personnel in institutions under the jurisdiction of the
department of corrections and community supervision and security
hospital treatment assistants, as those terms are defined in subdivision
i of section eighty-nine of this chapter, provided, however, that the
provisions of this section shall apply to a New York city uniformed
correction/sanitation revised plan member.

g. This section shall not apply to a New York city enhanced plan
member who receives the ordinary disability benefit provided for in
subdivision c-1 of section five hundred six of this article or the
accidental disability benefit provided for in paragraph three of
subdivision c of section five hundred seven of this article.