§ 383 — Retirement of members in regional state park police service

New York § 383

• Jurisdiction: New York
• Law RSS: Retirement & Social Security
• Title 10: Special Retirement Plans Applicable to Specified Classes of Members
• Art. 8: New York State and Local Police and Fire Retirement System

Text

§ 383. Retirement of members in regional state park police service. a.\nAs used in this section the term "regional state park police service"\nshall mean service in full time police duty as a park patrolman, officer\nor member of any police force of a regional state park commission.\n b. Any member of the police and fire retirement system in regional\nstate park police service may elect to contribute to the police and fire\nretirement system on the basis of retirement upon his or her\n 1. Completion of twenty-five years of total service in regional state\npark police service, or\n 2. Attainment of age sixty in regional state park police service, if\nprior thereto,\non an allowance of one-fiftieth of his final average salary for each\nyear of total service in regional state park police service, not in\nexcess of twenty-five years. Such election shall be in writing and shall\nbe duly executed and filed with the comptroller.\n c. Every employee entering or re-entering regional state park police\nservice on or after April first, nineteen hundred forty-nine shall\ncontribute on the basis provided for by this section.\n d. A member who elects or is required to contribute in accordance with\nthis section shall contribute, in lieu of the proportion of compensation\nas provided in section three hundred twenty-one of this article, a\nproportion of his compensation similarly determined. Such latter\nproportion shall be computed to provide, at the time when he shall first\nbecome eligible for retirement under this section, an annuity equal to\none-one hundredth of his final average salary for each year of service\nas a member rendered after April first, nineteen hundred forty-nine and\nprior to the attainment of the age when he shall first become eligible\nfor retirement. Such member's rate of contribution pursuant to this\nsection shall be appropriately reduced pursuant to section three hundred\nseventy-a of this article for such period of time as his employer\ncontributes pursuant to such section toward\npensions-providing-for-increased-take-home-pay provided, however, that\nsuch member may by written notice duly acknowledged and filed with the\ncomptroller 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 regional state park\npolice service, or upon the attainment of age sixty, by filing an\napplication therefor in a manner similar to that provided in section\nthree hundred seventy of this article. He thereupon shall receive on\nretirement a retirement allowance 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\nregional state park police service, 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 regional state\npark police service prior to April first, nineteen hundred forty-nine.\nThis pension shall be payable only if such member has had one or more\nyears of service as a member. The computation of this pension shall be\nsubject to the further conditions that:\n (a) The service rendered prior to April first, nineteen hundred\nforty-nine, shall be limited so that the total service in regional state\npark police service used as a basis for pension credit under this\nparagraph four and paragraph three of this subdivision e shall not\nexceed twenty-five years, 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 employed in regional state park police\nservice as provided under paragraphs three and four of subdivision a of\nsection three hundred seventy-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 in regional state\npark police service 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 regional state park\npolice service.\n f. The increased pensions to any member in regional state park police\nservice, as provided by this section, shall be paid from additional\ncontributions made by the state on account of such members. The actuary\nof the police and fire retirement system shall compute the additional\ncontribution for each member who elects the special benefits provided\nunder this section. Such additional contributions shall be computed on\nthe basis of contributions during the prospective service of such member\nwhich will cover the liability of the police and fire retirement system\nfor such extra pensions, and upon approval by the comptroller, the\nadditional contributions shall be certified by the comptroller and shall\nbe included in the annual appropriation to the pension accumulation fund\nof the police and fire retirement system in the manner provided in\nsection three hundred sixteen of this article.\n g. In computing the twenty-five years of completed service in regional\nstate park police service full credit shall be given and full allowance\nshall be made for service of such member in war after world war I as\ndefined in section three hundred two of this article, provided such\nmember at the time of his entrance into the armed forces was in the\nregional state park police service or a member of the division of state\npolice in the executive department and for service in time of war during\nworld war I and service with the American expeditionary forces\nsubsequent to November eleventh, nineteen hundred eighteen, and prior to\nJune thirtieth, nineteen hundred nineteen, of honorably discharged\nofficers, soldiers, sailors and marines who were actual residents of\nthis state at the time of their entry into the military service of the\nUnited States, and the service of members of the national guard in the\nmilitary service of the United States of America pursuant to the call of\nthe president for Mexican border service.\n h. Service in the division of the state police in the executive\ndepartment shall be considered allowable service in regional state park\npolice service, for the purposes of this section, provided that the\nmember pays or has paid the required contributions and provided,\nfurther, that in the case of employees entering or re-entering regional\nstate park police service on or after July first, nineteen hundred\nfifty-four, only credit for service as a member or officer of the state\npolice (including service granted pursuant to subdivision g of this\nsection and credited as state police service) shall be so allowable.\n i. The provisions of this section shall be controlling notwithstanding\nany provision of this article to the contrary.\n j. Notwithstanding any provision of subdivision b, c or i of this\nsection to the contrary, a member who is in the collective negotiating\nunit designated as the security services unit and established pursuant\nto article fourteen of the civil service law and who has elected or is\nrequired to contribute in accordance with this section may, on or before\nMarch thirty-first, nineteen hundred seventy-three, elect to come under\nthe provisions of section three hundred seventy-five-h of this article.\nSuch election shall be duly executed and filed with the comptroller.\n