§ 640. Excess Benefit Plan. 1. Notwithstanding any other law to the\ncontrary, the New York state and local employees' retirement system and\nthe New York state and local police and fire retirement system are\nhereby authorized to establish an excess benefit plan. The plan or plans\nshall constitute a qualified governmental excess benefit plan pursuant\nto section 415(m) of the Internal Revenue Code.\n 2. Such plan or plans are created for the purpose of providing\nbenefits to members of the New York state and local employees'\nretirement system and the New York state and local police and fire\nretirement system, whose benefits would otherwise be limited by section\n415 of the Internal Revenue Code.\n 3. The comptroller, as administrative head of the New York state and\nlocal employees' retirement system and the New York state and local\npolice and fire retirement system, is authorized to promulgate rules and\nregulations necessary to implement the provisions of this article\nincluding the actual terms and conditions of the excess benefit plan or\nplans.\n
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