N.Y. Educ. Law § 538

§ 538. Excess benefit plan. Notwithstanding any other law to the\ncontrary, the retirement board is authorized in its sole discretion to\nestablish a qualified governmental excess benefit arrangement within the\nmeaning of, in conformity with and then only to the extent and so long\nas permitted by subsection m of section four hundred fifteen of the\nInternal Revenue Code of 1986, as amended, for the purpose of providing\nsuch retirement benefits as would otherwise have been payable to\nretirees of the system, but for the application of the limitations on\nbenefits of subsection b of section four hundred fifteen of the Internal\nRevenue Code of 1986, as amended. The retirement board is also\nauthorized to promulgate such rules and regulations as may be necessary\nto implement a qualified governmental excess benefit plan as provided in\nthis section.\n