§ 381-B — Retirement of members or officers of the state police; twenty year retirement plan

§ 381-b. Retirement of members or officers of the state police; twenty\nyear retirement plan. a. Membership. Every member or officer of the\ndivision of state police in the executive department who enters or\nre-enters service in the division on or after April first, nineteen\nhundred sixty-nine, and every investigator or sworn officer employed by\nthe commission created by section six of chapter eight hundred\neighty-two of the laws of nineteen hundred fifty-three, constituting the\nwaterfront commission act, as amended, on or after July first, two\nthousand twenty-three, and every investigator or sworn officer employed\nby the New York Waterfront Commission in the executive department shall\nbe covered by the provisions of this section, and every member or\nofficer of the division of state police in the executive department in\nsuch service on such date may elect to be covered by the provisions of\nthis section by filing an election therefor with the comptroller on or\nbefore March thirty-first, nineteen hundred seventy-two. To be\neffective, such election must be duly executed and acknowledged on a\nform prepared by the comptroller for that purpose.\n b. Retirement allowance. A member, covered by the provisions of this\nsection at the time of retirement, shall be entitled to retire upon\ncompletion of twenty years of total creditable service in such division,\nand shall retire upon the attainment of the mandatory retirement age\nprescribed by this section, by filing an application therefor in a\nmanner similar to that provided in section three hundred seventy of this\narticle.\n (1) Upon completion of twenty years of such service and upon\nretirement, each such member shall receive a pension which, together\nwith an annuity for such years of service as provided in paragraph four\nof this subdivision, shall be sufficient to provide him with a\nretirement allowance of one-half of his final average salary.\n (2) Upon completion of more than twenty years of such service and upon\nretirement, each such member shall receive, for each year of service in\nexcess of twenty, an additional pension which, together with an annuity\nfor each such year as provided in paragraph four of this subdivision,\nshall be equal to one-sixtieth of his final average salary, provided,\nhowever, that the pension payable pursuant to this section shall not\nexceed three-quarters of final average salary.\n (3) Upon attainment of the mandatory retirement age without completion\nof twenty years of such service, each such member shall receive a\npension which, together with an annuity for such years of service as\nprovided in paragraph four of this subdivision, shall be equal to\none-fortieth of his final average salary for each year of creditable\nservice in such division. Every such member shall also be entitled to an\nadditional pension equal to the pension for any creditable service\nrendered 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 latter pension shall not increase the\ntotal allowance to more than one-half of his final average salary.\n (4) The annuity provided under paragraphs one, two and three of this\nsubdivision shall be the actuarial equivalent, at the time of\nretirement, of the member's accumulated contributions based upon the\nrate of contribution fixed under the provisions of subdivision c of\nsection three hundred eighty-one-a of this article and upon the salaries\nearned while in such service rendered after April sixteenth, nineteen\nhundred thirty-eight and prior to April first, nineteen hundred sixty.\nSuch annuity shall be computed as it would be if it were not reduced by\nthe actuarial equivalent of any outstanding loan nor by reason of the\nmember's election to decrease his contributions toward retirement in\norder to apply the resulting amount toward payment of contributions for\nold age and survivor's insurance. Any accumulated contributions in\nexcess of the amount required to provide the annuity computed pursuant\nto this paragraph shall be used to increase the member's retirement\nallowance.\n (5) Notwithstanding the provisions of this subdivision, members\ntransferred to the division of state police pursuant to a chapter of the\nlaws of nineteen hundred ninety-seven, upon retirement shall receive\neither the allowances provided by this subdivision or those provided\nunder the retirement system to which they participated prior to such\ntransfer whichever allowance shall be the higher.\n c. Credit for previous police service. (1) Police service. In\ncomputing the years of total creditable service in such division, full\ncredit shall be given and full allowance shall be made:\n (i) for service rendered as a police officer or member of a police\nforce or department of a state park authority or commission or an\norganized police force or department of a county, city, town, village,\npolice district, authority or other participating employer or member of\nthe capital police force in the office of general services while a\nmember of the New York state and local police and fire retirement\nsystem, of the New York state and local employees' retirement system or\nof the New York city police pension fund;\n (ii) for service rendered as an investigator or sworn officer of the\nwaterfront commission of New York harbor, for service rendered as an\ninvestigator or sworn officer of the New York Waterfront Commission, for\nservice rendered as an investigator-trainee of the waterfront commission\nof New York harbor, and for service rendered as an investigator-trainee\nof the New York Waterfront Commission, that was creditable under\nsubdivision w of section three hundred eighty-four-d of this article;\nand\n (iii) for all service for which full credit has been given and full\nallowance made pursuant to the provisions of section three hundred\nseventy-five-h of this chapter provided, however, that full credit\npursuant to the provisions of such section shall mean only such service\nas would be creditable service pursuant to the provisions of section\nthree hundred eighty-three or section three hundred eighty-three-a or\nthree hundred eighty-three-b enacted by chapter six hundred\nseventy-seven of the laws of nineteen hundred eighty-six of this chapter\nor pursuant to the provisions of title thirteen of the administrative\ncode of the city of New York for any member contributing pursuant to\nthis section who transferred to the division of state police.\n (2) State university police officer service. Upon completion of more\nthan twenty years of service, and upon retirement, each such member who\nwas previously credited with service credit in the New York state and\nlocal employees' retirement system or the New York state and local\npolice and fire retirement system as an officer appointed by the state\nuniversity pursuant to paragraph l of subdivision two of section three\nhundred fifty-five of the education law and who has successfully\ncompleted a course of law enforcement training as provided in such\nsection of the education law or for any such officer who retires on and\nafter January first, two thousand eighteen who has successfully\ncompleted such course of law enforcement training within two years of\nhis or her date of appointment shall receive for each such year of\nprevious service, up to a total of no greater than five years of\nprevious service, additional service credit equal to one-sixtieth of his\nor her final average salary.\n d. Retirement for cause. Upon receipt of a certificate of the\nsuperintendent of state police, pursuant to section two hundred\ntwenty-nine of the executive law, a member who has accrued twenty-five\nor more years of service credit under this section shall be retired on\nthe first day of the second month next succeeding the date such\ncertificate was filed with the comptroller.\n e. Mandatory retirement. A member subject to the provisions of this\nsection shall be retired on December thirty-first of the year in which\nsuch member attains sixty-three years of age.\n Notwithstanding the foregoing, any member in service in the division\non August fifteenth, two thousand seven, and who on that date was\nentitled to receive retirement benefits on the thirty-first day of\nDecember in the year in which such member attained fifty-seven years of\nage as provided in paragraph three of subdivision b of this section, may\nelect to retain such entitlement, provided the member remains in service\non the thirtieth day of December in the year in which such member\nattains fifty-seven years of age, and any member in service in the\ndivision on August thirty-first, two thousand twenty-five, and who on\nthat date was entitled to receive retirement benefits on the\nthirty-first day of December in the year in which such member attained\nsixty years of age as provided in paragraph three of subdivision b of\nthis section, may elect to retain such entitlement, provided the member\nremains in service on the thirtieth day of December in the year in which\nsuch member attains sixty years of age. The provisions of this\nsubdivision shall not apply to the superintendent.\n f. Credit for military service. In computing the years of total\ncreditable service in the division of state police full credit shall be\ngiven and full allowance shall be made for service of such member in war\nafter world war I as defined in section three hundred two of this\narticle, provided such member at the time of his entrance into the armed\nforces was in police service as defined in subdivision eleven of section\nthree hundred two of this article.\n g. Transfer of membership to employees' retirement system. Any member\ncurrently enrolled pursuant to this section and who previously\ntransferred service credit from the New York state and local employees'\nretirement system to the New York state and local police and fire\nretirement system, may elect to transfer such previously transferred\nservice credit back to the New York state and local employees'\nretirement system, and such member shall have the option to\nretroactively transfer his or her membership into such employees'\nretirement system.\n