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This entry was published on 2014-09-22
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SECTION 75-C
Non-contributory retirement plan benefits
Retirement & Social Security (RSS) CHAPTER 51-A, ARTICLE 2, TITLE 8
§ 75-c. Non-contributory retirement plan benefits. a. In addition to
any retirement allowance to which a member may be entitled for services
rendered at any time other than expressly provided for herein, any
member covered by the provisions of section seventy-five-a or
seventy-five-b of this chapter shall upon retirement, receive a service
retirement pension for the herein provided period of service, in
accordance with the provisions of paragraphs one or two hereof, as the
case may be, which shall be in lieu of the service retirement pension
and the pension for increased-take-home-pay provided for in the sections
of this chapter hereinafter referred to.

1. (a) A member who had been contributing for service retirement
benefits on the basis of any of the plans contained in sections
seventy-one, seventy-one-a, seventy-two or seventy-five of this chapter,
shall receive at retirement, for service rendered on and after April
first, nineteen hundred sixty, a pension computed on the basis of
one-sixtieth of his final average salary for each year of such service;
provided, however, persons who last became members on or after July
first, nineteen hundred seventy-three shall receive such pension only
for service rendered on and after April first, nineteen hundred sixty,
and prior to July first, nineteen hundred seventy-four.

(b) A member who had been contributing for service retirement benefits
on the basis of any of the plans contained in subparagraph a hereof,
shall receive at retirement, for service rendered before April first,
nineteen hundred sixty, a pension computed on the basis of one-one
hundred twentieth of his final average salary for each year of credited
member service plus one-sixtieth of his final average salary for each
such year of credited prior service or service in war after world war I.
Notwithstanding anything to the contrary contained in section
seventy-five of this chapter, a member who had been contributing as
aforesaid shall be eligible for superannuation retirement upon
attainment of age fifty-five.

2. A member who had been contributing for service retirement benefits
on the basis of the plan contained in section eighty of this chapter
shall receive at retirement, for service rendered on or after April
first, nineteen hundred sixty, a pension of one-fortieth of his final
average salary for each year of such credited service, provided,
however, that the sum total of the retirement allowance payable shall
not exceed one-half of the member's final average salary.

3. A member who had been contributing under section eighty-nine shall
receive at retirement, for service rendered on and after April first,
nineteen hundred sixty, a pension of one-fiftieth of his final average
salary for each year of such credited service, with the total allowance
hereunder determined as defined and limited in the section referred to
in this paragraph three and with the additional proviso that any
contributions made by the member during the period referred to in this
paragraph three are to be used at retirement to provide an additional
annuity over and above the retirement allowance otherwise provided,
except that persons who last became members on or after July first,
nineteen hundred seventy-three, shall receive such pension only for
service rendered on and after April first, nineteen hundred sixty, and
prior to July first, nineteen hundred seventy-four.

4. A member who had been contributing under section eighty-nine-a
shall receive at retirement, for service rendered on and after April
first, nineteen hundred sixty, a pension of one-fiftieth of his final
average salary for each year of such credited service, with the total
allowance hereunder determined as defined and limited in the section
referred to in this paragraph four and with the additional proviso that
any contributions made by the member during the period referred to in
this paragraph four are to be used at retirement to provide an
additional annuity over and above the retirement allowance otherwise
provided; except that persons who last became members on or after July
first, nineteen hundred seventy-three shall receive such pension only
for service rendered on and after April first, nineteen hundred sixty
and prior to July first, nineteen hundred seventy-four.

5. In addition to the pension hereinabove provided, a member shall
receive an annuity which shall be the actuarial equivalent of his
accumulated contributions at the time of his retirement.

6. The benefits hereinabove provided shall be payable unless the
member would otherwise under the provisions of this chapter be entitled
to a greater benefit, in which event, the greater benefit shall be
payable.

7. An act of the legislature of the year nineteen hundred sixty-eight
which in form, adds or purports to add a new section or subdivision or
purports to amend or repeal any section, subdivision or provision of
this chapter as in force and effect immediately prior to January first,
nineteen hundred sixty-eight, shall be deemed and construed as having
been added to this act and shall be given full effect according to its
context as if the same had been added expressly and in terms of this
act, and shall be deemed and construed to have been inserted in this act
in the appropriate position in regard to and as modifying the effect of
the corresponding provision or provisions of this act to the end that
there will be no diminution or impairment of any of the benefits enacted
by such session of the legislature.