New York Retirement and Social Security Code § 501

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§ 501. Definitions. The following words and phrases as used in this\narticle shall have the following meanings unless a different meaning is\nplainly required by the context.\n  1. "Active service" shall mean service while being paid on the payroll\nof a participating employer.\n  2. "Cost-of-living index" shall mean the consumer price index (all\nitems--United States city averages) published by the United States\nbureau of labor statistics.\n  3. "Credited service" shall mean all service which has been credited\nto a member pursuant to section five hundred thirteen or which was\ncredited to such member in a public retirement system of the state\nbefore such member became subject to this article and which is allowable\nas previous service pursuant to section five hundred thirteen.\n  4. "Creditable service" is service which qualifies to be counted as\ncredited service pursuant to section five hundred thirteen.\n  5. "Early retirement age" shall mean age fifty-five, for general\nmembers, and the age on which a member completes or would have completed\ntwenty years of service, for police/fire members, New York city\nuniformed correction/sanitation revised plan members and investigator\nrevised plan members.\n  6. "Elective member" shall mean a member who is not subject to the\nprovisions of this article on a mandatory basis.\n  7. "Eligible beneficiary" for the purposes of section five hundred\nnine of this article shall mean the following persons or classes of\npersons in the order set forth: (a) a surviving spouse who has not\nrenounced survivorship rights in a separation agreement, until\nremarriage, (b) surviving children until age twenty-five, (c) dependent\nparents, determined under regulations promulgated by the comptroller,\n(d) any other person who qualified as a dependent on the final federal\nincome tax return of the member or the return filed in the year\nimmediately preceding the year of death, until such person reaches\ntwenty-one years of age, (e) with respect to members of the New York\ncity employees' retirement system (other than a New York city uniformed\ncorrection/sanitation revised plan member or an investigator revised\nplan member) and the board of education retirement system of the city of\nNew York, a person whom the member shall have nominated in the form of a\nwritten designation, duly acknowledged and filed with the head of the\nretirement system for the purpose of section five hundred eight of this\narticle. In the event that a class of eligible beneficiaries consists of\nmore than one person, benefits shall be divided equally among the\npersons in such class. For the purposes of section five hundred eight of\nthis article the term "eligible beneficiary" shall mean such person as\nthe member shall have nominated to receive the benefits provided in this\narticle. To be effective, such a nomination must be in the form of a\nwritten designation, duly acknowledged and filed with the head of the\nretirement system for this specific purpose. In the event such\ndesignated beneficiary does not survive the member, or if such member\nshall not have so designated a beneficiary, such benefits shall be\npayable to the deceased member's estate or as provided in section one\nthousand three hundred ten of the surrogate's court procedure act, (f)\nnotwithstanding any other provisions of law, "eligible beneficiary" of a\nNew York city uniformed sanitation revised plan member for the purposes\nof section five hundred nine of this article shall mean the following\npersons or classes of persons in the order set forth: (i) a surviving\nspouse who has not renounced survivorship rights in a separation\nagreement, (ii) surviving children until age twenty-five, (iii)\ndependent parents, determined under regulations promulgated by the\ncomptroller and (iv) any other person who qualified as a dependent on\nthe final federal income tax return of the member or the return filed in\nthe year immediately preceding the year of death

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