§ 24-6-406 — Benefits generally

(a) (1) Upon retirement as provided in this subchapter, a member shall receive a straight life pension equal to two and sixty-five-hundredths percent (2.65%) of the member's final average compensation multiplied by the number of years and any fraction of a year of his or her service. (2) (A) In addition, if a member has service resulting from employment in a position covered at any time by Social Security or another federal retirement plan supported wholly or in part by employer contributions, and if that member's age at retirement is younger than: (i) Social Security's minimum age for an immediate retirement benefit; and (ii) Sixty-two (62) years of age, then the member shall receive a temporary annuity equal to five hundred thirteen thousandths percent (0.513%) of the member's final average compensation for each year of his or her actual service. (B) The temporary annuity shall terminate at the end of the calendar month in which the earliest of the following events occurs: (i) The member's death; (ii) The member's attainment of the Social Security minimum age; or (iii) The member's attainment of sixty-two (62) years of age. (b) In the event a member with five (5) years or more of actual service in the State Police Retirement System ceases to be employed as a state police officer prior to reaching fifty-five (55) years of age and does not withdraw his or her accumulated employee contributions to the system, the member shall be entitled to receive a pension upon reaching what the member's voluntary retirement age would have been if he or she had continued state police employment from the time of termination of employment. (c) Any member may elect to withdraw his or her accumulated contributions to the system at the time of terminating employment as a state police officer and to waive any pension rights the member may have earned in the system. (d) It is considered sound public policy that retirement pay not exceed working pay except for increases after retirement caused by inflation. Accordingly, at the time of retirement, the total of named-plan annuities shall not exceed the member's final average compensation. (e) No provision of this section shall be applicable to service that is credited at a rate other than one (1) month for each month of employment.

Legislative History

Amended by Act 2021, No. 415,§ 7, eff. 7/28/2021. Acts 1997, No. 1071, § 1; 1999, No. 387, § 5; 2001, No. 151, § 66.