Comparison of ERS Benefits

Below is a comparison of Employees’ Retirement System (ERS) benefits by tier. For detailed retirement plan information, visit our Publications page.

Tiers 3 & 4 Tier 5 Tier 6
Membership Dates

Tier 3: July 27, 1976 through August 31, 1983

Tier 4: September 1, 1983 through December 31, 2009

January 1, 2010 through March 31, 2012

April 1, 2012 and after

Vesting
After earning 5 years of service credit After earning 5 years of service credit After earning 5 years of service credit
Employee Contributions

3% of gross salary until 10 years of membership or service credit

3% of gross salary for all years of public service except:

  • State Correction Officers whose contributions are limited to 30 years
  • Uniformed Court and Peace Officers employed by the Unified Court System, who contribute 4% for all years of public service

Members contribute for all years of public service (except State Correction Officers whose contributions are limited to 30 years).

  • From April 1, 2012 – March 31, 2013, all Tier 6 members contributed 3% of gross salary, except Uniformed Court and Peace Officers employed by the Unified Court System, who contributed 4%
  • Beginning April 1, 2013, contribution rates are based on annualized wage

See the Tier 6 ERS member contributions.

Retirement Age
  • Full benefits at age 62, or at age 55 with at least 30 years of credited service
  • Reduced benefits at age 55 with less than 30 years of credited service
  • Full benefits at age 62
  • Reduced benefits at age 55
  • Full benefits at age 55 for UCPOs with at least 30 years of creditable service
  • Full benefits at age 63
  • Reduced benefits at age 55
Reductions for Early Retirement

27% permanent reduction at age 55 with < 30 years
 

See the entire benefit reduction chart.

38.33% permanent reduction at age 55
(unless UCPO with at least 30 years)

See the entire benefit reduction chart.

52% permanent reduction at age 55
 

See the entire benefit reduction chart.

Final Average Earnings (FAE) Calculation
The average of the wages earned during the three highest consecutive years of service, subject to limitations. The average of the wages earned during the three highest consecutive years of service, subject to limitations. The average of the wages earned during the five highest consecutive years of service, subject to limitations.
FAE Limitation
The wages in any year cannot exceed the average of the previous two years by more than 10%. The wages in any year cannot exceed the average of the previous two years by more than 10%. The wages in any year cannot exceed the average of the previous four years by more than 10%.
Payments Not Included in FAE
  • Unused sick leave
  • Payments made as a result of working vacation
  • Any form of termination pay
  • Payments made in anticipation of retirement
  • Lump sum payments for deferred compensation
  • Any payments made for time not worked
  • For members who joined on or after April 1, 1996, wages in excess of IRC Section 401(a)(17) limit; $330,000 for earnings from April 1, 2023 – March 31, 2024
  • Unused sick leave
  • Payments made as a result of working vacation
  • Any form of termination pay
  • Payments made in anticipation of retirement
  • Lump sum payments for deferred compensation
  • Any payments made for time not worked
  • Wages in excess of IRC Section 401(a)(17) limit; $330,000 for earnings from April 1, 2023 – March 31, 2024
  • Unused sick leave
  • Payments made as a result of working vacation
  • Any form of termination pay
  • Payments made in anticipation of retirement
  • Lump sum payments for deferred compensation
  • Any payments made for time not worked
  • Lump sum payments for accumulated vacation
  • Wages in excess of the Governor’s salary
  • For members paid by three or more employers, wages paid by more than two of those employers
Overtime Limit
None
  • Overtime pay that exceeds the limit cannot be used in the FAE calculation.
  • The limit increases each calendar year (January 1 – December 31) based on the consumer price index as of September 30 of the previous year. See our Tier 6 overtime limitation chart.
Service Retirement Benefit Calculation
  • With < 20 years of service: 1.66% of FAE times years of credited service
  • With 20 – 30 years of service: 2% of FAE times years of credited service
  • For years of service > 30: Additional 1.5% of FAE
  • With < 20 years of service: 1.66% of FAE times years of credited service
  • With 20 – 30 years of service: 2% of FAE times years of credited service
  • For years of service > 30: Additional 1.5% of FAE
  • With < 20 years of service: 1.66% of FAE times years of credited service
  • With 20 years or more of service: 35% of FAE for 20 years of service plus 2% of FAE for years of service > 20
Sick Leave Credit (Section 41(j) RSSL)
Eligible members may receive service credit for up to 165 days (200 days for some members employed by New York State) of unused, unpaid sick leave days at retirement. Eligible members may receive service credit for up to 165 days (200 days for some members employed by New York State) of unused, unpaid sick leave days at retirement. Eligible members may receive service credit for unused, unpaid sick leave days at retirement. The maximum number of creditable sick leave days is generally 100, but can be 165 (or 200 days for some members employed by New York State).

Rev. 9/23