§ 533. Non-contributory retirement plan. a. Any other provision of law to the contrary notwithstanding, no further contributions to the retirement system, as provided in sections five hundred eleven-a or five hundred sixteen of this article, shall be required of any member.

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Terms Used In N.Y. Education Law 533

  • Accumulated contributions: shall mean the sum of all the amounts deducted from the compensation of a contributor, and credited to his individual account in the annuity savings fund together with regular interest thereon. See N.Y. Education Law 501
  • Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
  • Annuity: shall mean the annual payments for life derived from contributions made by contributor as provided in this article. See N.Y. Education Law 501
  • Final average salary: shall mean the average annual compensation earnable as a teacher during the five years of service immediately preceding his date of retirement, or it shall mean the average annual compensation earnable as a teacher during any five consecutive years of state service, said five years to be selected by the applicant prior to date of retirement. See N.Y. Education Law 501
  • Pension: shall mean the annual payments for life derived from payments made by an employer as provided in this article. See N.Y. Education Law 501
  • Pension reserve: shall mean the present value of all payments to be made on account of any pension, or benefit in lieu of any pension, computed upon the basis of such mortality tables as shall be adopted by the retirement board with regular interest. See N.Y. Education Law 501
  • Retirement allowance: shall mean the pension plus the annuity. See N.Y. Education Law 501
  • Retirement board: shall mean the retirement board provided by section five hundred four of this article. See N.Y. Education Law 501
  • Retirement system: shall mean the New York state teachers' retirement system provided for in section five hundred two of this article. See N.Y. Education Law 501
  • Service: shall mean actual teaching or supervision by the teacher during regular school hours of the day, and shall mean governmental service in the state of New York in another capacity where the teacher was a member of the New York state employees retirement system, and where such service was credited to the teacher in the said New York state employees retirement system. See N.Y. Education Law 501

b. Contributions shall be made to the pension accumulation fund, as provided in section five hundred seventeen of this article, at a rate computed by the actuary and approved by the retirement board, which shall be computed to be sufficient to provide the benefits established by this section.

c. Nothing contained in this section shall impair the right of any member to make contributions pursuant to sections five hundred eleven-a and five hundred sixteen of this article. Any member may elect to contribute pursuant to sections five hundred eleven-a and five hundred sixteen of this article, by written notice duly acknowledged and filed with the retirement board on or before June thirtieth, nineteen hundred sixty-nine or within one year after he last became a member, whichever is later. Where a member makes an election to contribute, as provided herein, he shall contribute to the retirement system as otherwise provided in this article. One year or more after the filing of the notice of the election to contribute, the member may withdraw such election and elect not to contribute.

d. 1. On and after July first, nineteen hundred sixty-eight a member shall be eligible for service retirement when he meets the conditions set forth in sections five hundred ten or five hundred eleven-a of this article, by the filing of a statement with the retirement board as required by subdivision one of section five hundred ten of this article. For the purposes of this section, all members shall be deemed to have made the election for special service retirement under section five hundred eleven-a of this article.

2. A member who retires on or after July first, nineteen hundred sixty-eight, under the provisions of this section, shall receive a service retirement pension which shall be in lieu of the service retirement pension and the pension-for-increased-take-home-pay otherwise authorized under this article, subject to any adjustments made pursuant to subdivision g of this section. Such pension, for the period of credited state service rendered prior to July first, nineteen hundred fifty-nine, and for all credited out-of-state service, shall be computed as provided in section five hundred ten of this article. Such pension, for the period of credited state service rendered on and after July first, nineteen hundred fifty-nine, shall be one-fiftieth of final average salary for each year of such service rendered during the first twenty-five years of the member's total service, plus one-sixtieth of final average salary for each year of such service rendered during that portion of the member's total service which is in excess of twenty-five years but not in excess of thirty-five years, plus one-seventieth of final average salary for each year of such service rendered during that portion of the member's total state service which is in excess of thirty-five years.

3. In addition to the retirement allowance provided in paragraph two of this subdivision, a member who has at least twenty years of credited state service and retires during the month of July, nineteen hundred sixty-eight, shall receive an added pension allowance equal to sixteen per cent of the pension otherwise provided in this article. For persons retiring subsequent to July, nineteen hundred sixty-eight, the added pension authorized hereunder shall be reduced at the rate of one-sixth of one per cent for each month thereafter.

4. The additional pension provided under this section shall not be included in computing any pension reserve payable pursuant to the provisions of paragraph three of subdivision b of section five hundred twelve of this article.

e. 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, in accordance with section five hundred sixteen of this article.

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

g. If at the time of retirement any portion of the employer's contribution has been committed by election of the member toward purchase of a variable annuity, the retirement board shall deduct from the member's pension allowance as otherwise computed under this section, an amount equal to the actuarial equivalent of the amounts so committed, plus regular and additional interest thereon to the date of retirement.