N.Y. Retirement and Social Security Law 511 – Coordination with social security benefits
§ 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.
Terms Used In N.Y. Retirement and Social Security Law 511
- Credited service: shall mean all service which has been credited to a member pursuant to section five hundred thirteen or which was credited to such member in a public retirement system of the state before such member became subject to this article and which is allowable as previous service pursuant to section five hundred thirteen. See N.Y. Retirement and Social Security Law 501
- Federal social security benefit computation period: shall mean a member's benefit computation years as determined pursuant to section 215 (b) of the federal social security act. See N.Y. Retirement and Social Security Law 501
- Federal social security primary insurance amount: shall mean the primary insurance amount as defined in section 215 (a) (1) (A) of the federal social security act. See N.Y. Retirement and Social Security Law 501
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Member: shall mean any person included in the membership of a public retirement system of this state as provided in section five hundred of this article. See N.Y. Retirement and Social Security Law 501
- New York city enhanced plan member: shall mean (a) a New York city police/fire revised plan member who becomes subject to the provisions of this article on or after June fifteenth, two thousand sixteen and who is a member of the New York city fire department pension fund, (b) a police/fire member who is a member of the New York city fire department pension fund and who makes an election, which shall be irrevocable and shall be duly executed and filed with the administrative head of such pension fund no later than one hundred twenty days after the effective date of this subdivision, to be subject to the provisions of this article related to New York city enhanced plan members, (c) a New York city police/fire revised plan member who became subject to the provisions of this article before June fifteenth, two thousand sixteen, who is a member of the New York city fire department pension fund, and who makes an election, which shall be irrevocable and shall be duly executed and filed with the administrative head of such pension fund no later than one hundred twenty days after the effective date of this subdivision, to be subject to the provisions of this article related to New York city enhanced plan members, (d) a New York city police/fire revised plan member who becomes subject to the provisions of this article on or after April first, two thousand seventeen and who is a member of the New York city police pension fund, (e) a police/fire member who is a member of the New York city police pension fund and who makes an election, which shall be irrevocable and shall be duly executed and filed with the administrative head of such pension fund no later than one hundred twenty days after the effective date of the chapter of the laws of two thousand seventeen which amended this subdivision, to be subject to the provisions of this article related to New York city enhanced plan members, or (f) a New York city police/fire revised plan member who became subject to the provisions of this article before April first, two thousand seventeen, who is a member of the New York city police pension fund, and who makes an election, which shall be irrevocable and shall be duly executed and filed with the administrative head of such pension fund no later than one hundred twenty days after the effective date of the chapter of the laws of two thousand seventeen which amended this subdivision, to be subject to the provisions of this article related to New York city enhanced plan members. See N.Y. Retirement and Social Security Law 501
- Primary social security disability benefit: shall mean the benefit payable to a disabled covered employee under the federal social security program, exclusive of any family benefits, calculated as provided in subdivision c of section five hundred eleven. See N.Y. Retirement and Social Security Law 501
- Primary social security retirement benefit: shall mean the benefit payable to a covered employee, at age sixty-two or later, under the federal social security program, exclusive of any family benefits, calculated as provided in subdivision c of section five hundred eleven. See N.Y. Retirement and Social Security Law 501
- Public employer: shall mean an employer who is eligible to participate in a public retirement system of the state. See N.Y. Retirement and Social Security Law 501
- Wages: shall mean regular compensation earned by and paid to a member by a public employer, except that for members who first join the state and local employees' retirement system on or after January first, two thousand ten, overtime compensation paid in any year in excess of the overtime ceiling, as defined by this subdivision, shall not be included in the definition of wages. See N.Y. Retirement and Social Security Law 501
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.