378 - Supplemental retirement allowance.

§   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                              427.31957                              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 policeman or  fireman 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 thischapter 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.