§ 381 — Retirement of members in the division of state police; closed plan

§ 381. Retirement of members in the division of state police; closed\nplan. a. Any member in the division of state police in the executive\ndepartment who elected on or before January first, nineteen hundred\nforty-nine, to contribute to the New York state employees' retirement\nsystem pursuant to the provisions of former section eighty-one of this\nchapter in force prior to April first, nineteen hundred sixty-seven,\nshall contribute to the police and fire retirement system on the basis\nof retirement upon his or her:\n 1. Completion of twenty-five years of total service in such division,\nor\n 2. Attainment of age sixty in the service of such division, if prior\nthereto,\non an allowance of one-fiftieth of his final average salary for each\nyear of total service in such division not in excess of twenty-five\nyears, provided such election was in writing and duly executed and filed\nwith the comptroller.\n b. Every employee who entered or re-entered service in the division on\nor after April sixteenth, nineteen hundred thirty-eight, and before July\nfirst, nineteen hundred fifty-four, shall contribute on the basis\nprovided for by this section. Every employee who entered or re-entered\nservice in such division on or after July first, nineteen hundred\nfifty-four and before May first, nineteen hundred sixty-one, and who, at\nsuch time undertakes employment therein:\n 1. As a member or officer of the state police shall contribute on the\nbasis provided for by this section and, (in addition to credit pursuant\nto subdivision g of this section and for service in war after world war\nI, as defined in section three hundred two of this article, credited as\nservice as such a member or officer), only credit for service as a\nmember or officer of the state police shall be included in computing\nyears of state police service for retirement pursuant to this section.\n 2. Other than as a member or officer of the state police, shall not\ncontribute on the basis provided for by this section and shall not be\neligible to the benefits of this section on the basis of service so\nrendered.\n c. Subject to the provisions of subdivisions a and b of this section,\nevery employee in the service of such division who is not a member of\nthe police and fire retirement system may elect to become a member. He\nor she thereupon shall contribute to the retirement system under the\nprovisions of this section and be entitled to benefits as provided in\nthis section. No such employee, however, shall be given credit for\nservice rendered prior to April sixteenth, nineteen hundred\nthirty-eight, unless he or she became a member of the state employees'\nretirement system on or before January first, nineteen hundred\nforty-nine. Any such employee who becomes a member on or before January\nfirst, nineteen hundred forty-nine, shall be entitled to credit for past\nservice in the division as if he or she had become a member when first\neligible. Such employee, however, shall pay the contributions he or she\nwould have made prior to such date had he or she been a member during\nsuch service. The amount of such contributions shall be paid in a lump\nsum or in such installments as the comptroller shall approve. In lieu of\nsuch payment, however, such employee may receive on retirement the\nbenefit otherwise provided by this section, less such annuity as is the\nactuarial equivalent of such unpaid contributions.\n d. A member who elected or is required to contribute in accordance\nwith this section, shall contribute, in lieu of the proportion of\ncompensation as provided in section three hundred twenty-one of this\narticle, a proportion of his compensation similarly determined. Such\nlatter proportion shall be computed to provide, at the time when he\nshall first become eligible for retirement under this section, an\nannuity equal to one-one hundredth of his final average salary for each\nyear of service as a member rendered after April sixteenth, nineteen\nhundred thirty-eight, and prior to the attainment of the age when he\nshall first become eligible for retirement. Such member's rate of\ncontribution pursuant to this section shall be appropriately reduced\npursuant to section three hundred seventy-a of this article for such\nperiod of time as his employer contributes pursuant to such section\ntoward pensions-providing-for-increased-take-home-pay provided, however,\nthat such member may by written notice duly acknowledged and filed with\nthe comptroller make an election to waive such reduction as provided by\nsubdivision j of section three hundred twenty-one of this article. One\nyear or more after the filing thereof, a member may withdraw any such\nelection by written notice duly acknowledged and filed with the\ncomptroller. No such member shall be required to continue contributions\nafter completing twenty-five years of such service.\n e. A member contributing on the basis of this section at the time of\nretirement, shall be entitled to retire after the completion of\ntwenty-five years of total creditable service in such division, or upon\nthe attainment of age sixty, by filing an application therefor in a\nmanner similar to that provided in section three hundred seventy of this\narticle. He thereupon shall receive, on retirement, a retirement\nallowance consisting of:\n 1. An annuity which shall be the actuarial equivalent of his\naccumulated contributions at the time of his retirement, plus\n 2. A pension which is the actuarial equivalent of the\nreserve-for-increased-take-home-pay to which he may then be entitled, if\nany, plus\n 3. A pension of one-one hundredth of his final average salary for each\nyear of service rendered:\n (a) Since he last became a member, and\n (b) Prior to the completion of twenty-five years of total service in\nthe division, and\n (c) Toward which he and his employer have contributed under this\nsection, plus\n 4. An additional pension of one-fiftieth of his final average salary,\nmultiplied by the number of years of total service in such department\nprior to April sixteenth, nineteen hundred thirty-eight. This pension\nshall be payable only if such member has had one or more years of\nservice as a member. The computation of this pension shall be subject to\nthe further conditions that:\n (a) The service rendered prior to April sixteenth, nineteen hundred\nthirty-eight, shall be limited so that the total service in such\ndivision used as a basis for pension credit under this paragraph four\nand paragraph three of this subdivision e shall not exceed twenty-five\nyears, and\n (b) The amount of the additional pension payable pursuant to this\nparagraph four shall not exceed the amount needed to increase the total\namount of the benefits provided under paragraphs one and three of this\nsubdivision e to one-half of the final average salary, plus\n 5. An additional pension equal to the pension for any creditable\nservice rendered while not an employee of the division as provided under\nparagraphs three and four of subdivision a of section three hundred\nseventy-five of this article. This pension shall:\n (a) Be payable only if such member has attained age sixty at the time\nof retirement and has not completed twenty-five years of service in the\ndivision for which he receives credit under this article, and\n (b) Not increase the total allowance to more than he would have\nreceived had his total service been rendered in the division.\n f. The increased pensions to members of the division, as provided by\nthis section, shall be paid from additional contributions made by the\nstate on account of such members. The actuary of the police and fire\nretirement system shall compute the additional contribution of each\nmember who elects the special benefits provided under this section. Such\nadditional contributions shall be computed on the basis of contributions\nduring the prospective service of such member which will cover the\nliability of the police and fire retirement system for such extra\npensions. Upon approval by the comptroller, such additional\ncontributions shall be certified by him or her to the superintendent of\nstate police. The amount thereof shall be included in the annual\nappropriation of the state for state police. Such amount shall be paid\non the warrant of the comptroller to the pension accumulation fund of\nthe retirement system.\n g. In computing the twenty-five years of completed service of a member\nin the division, full credit shall be given and full allowance shall be\nmade for service of such member in time of war and service with the\nAmerican expeditionary forces subsequent to November eleventh, nineteen\nhundred eighteen, and prior to June thirtieth, nineteen hundred\nnineteen, of honorably discharged officers, soldiers, sailors, marines\nand army nurses, who were actual residents of the state at the time of\ntheir entry into the military service of the United States, and the\nservice of members of the national guard in the military service of the\nUnited States of America pursuant to the call of the president for\nMexican border service.\n h. The provisions of this section shall be controlling notwithstanding\nany provision in this chapter to the contrary.\n i. Notwithstanding any provisions of subdivision b of this section to\nthe contrary, an employee who is required to contribute in accordance\nwith this section, but is not a member of the state police, may, on or\nbefore March thirty-first, nineteen hundred seventy-three, elect to come\nunder the provisions of section seventy-five-h of this chapter. Such\nelection shall be duly executed and filed with the comptroller.\n